DQS19 v Minister for Immigration

The applicant, DQS19, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a protection visa. The applicant claimed to fear harm if returned to Sri Lanka. The central issue before the Federal Circuit and Family Court of Australia was whether the IAA had erred in refusing to consider new information provided by the applicant under section 473DD of the *Migration Act 1958* (Cth).

The court was required to determine whether the IAA's decision not to consider the new information constituted a jurisdictional error. This involved an examination of the scope and application of section 473DD, which permits the IAA to consider new information in certain circumstances.

Judge Driver found that the IAA had not committed a jurisdictional error. The court reasoned that the applicant had not satisfied the preconditions for the IAA to be obliged to consider the new information under section 473DD. The Authority was entitled to conclude that the information provided did not meet the criteria set out in the legislation for mandatory consideration. Consequently, the application for judicial review was dismissed.