CKY19 v Minister for Immigration and Anor (No.2)

CKY19 (the applicant) sought judicial review of a decision by the Minister for Immigration and Anor (the respondent) concerning an application for a Protection visa. The matter came before Judge Street of the Federal Circuit and Family Court of Australia. The central dispute revolved around whether the respondent's failure to provide a specific record to the Immigration Assessment Authority (IAA) constituted a jurisdictional error.

The court was required to determine whether the respondent's non-compliance with section 473CB of the *Migration Act 1958* (Cth), by failing to provide a record in its possession to the IAA, amounted to a jurisdictional error. This determination was contingent on whether the applicant could establish the necessary materiality of the non-compliance, specifically, whether the withheld document could realistically have led to a different outcome in the conduct of the review by the IAA.

Judge Street reasoned that for a failure to comply with section 473CB to constitute jurisdictional error, the applicant must demonstrate that the non-compliance was material. This materiality requires establishing a realistic possibility that the document in question could have given rise to a different outcome in the review process. As the applicant failed to establish this necessary materiality, the court found that no jurisdictional error had been made out. Consequently, the applicant's further amended application was dismissed.