CHB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

CHB17 brought an appeal against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs regarding the consideration of new information in the context of a review of a fast track reviewable decision under the Migration Act 1958 (Cth). The central issue in this case was whether the Immigration Assessment Authority (IAA) correctly applied the analytical method when deciding whether new information could be taken into account under section 473DD of the Act. This question was informed by the principles discussed in AUS17 v Minister for Immigration and Border Protection, where the majority and Edelman J provided detailed guidance on the proper application of section 473DD(a).

The court was required to determine if the IAA followed the correct method in its assessment and if any failure to comply with this method constituted a failure to consider a mandatory relevant consideration. The court examined the observations made by the majority in AUS17, which emphasised that non-compliance with the duty to apply the correct method equates to not taking into account a mandatory relevant consideration in the application of section 473DD(a) of the Act. The court considered whether the IAA's actions aligned with these principles and whether such non-compliance affected the outcome of the review process.

After careful consideration of the principles set out in AUS17, the court found that the IAA had indeed adopted and applied the correct method in its assessment. The court concluded that the IAA's decision-making process was in accordance with the requirements of the Act, and therefore, there was no failure to take into account a mandatory relevant consideration. Consequently, the appeal was dismissed, and the appellant was ordered to pay the costs of the first respondent. The reasons for judgment were published from Chambers, and the entry of orders was dealt with in accordance with Rule 39.32 of the Federal Court Rules 2011.