DUO17 v Minister for Immigration

This case concerned an application by DUO17 (the Applicant) to the Administrative Appeals Tribunal (the Authority) for review of a decision made by the Minister for Immigration. The central dispute revolved around whether a statutory declaration provided by the Applicant constituted "new information" that could only be considered if it met the criteria set out in section 473DD of the *Migration Act 1958* (Cth). The Applicant contended that the statutory declaration was primarily submissions that the Authority should have considered without applying the strictures of section 473DD.

The legal issue before Judge Riley was whether the Authority erred in treating the Applicant's statutory declaration dated 17 January 2017 as "new information" under section 473DD of the *Migration Act 1958* (Cth). The Applicant argued that the declaration contained submissions that the Authority was obliged to consider, irrespective of the section 473DD criteria. The Authority's reasons indicated that it considered the declaration to be new information, not provided to the original delegate, and that the Applicant had ample opportunity to provide such information before the delegate's decision.

Judge Riley reasoned that the statutory declaration, in substance, comprised submissions regarding the basis for the delegate's findings and decision. While the Authority noted that parts of the submission related to material already before it, it characterised the declaration as providing "further particularisation of his claims for protection" and therefore "new information". The Authority found that the Applicant had been informed of the review framework and the importance of providing complete information, and that there was a significant period between the visa interview and the delegate's decision, during which the information could have been provided. Consequently, the Authority concluded that the Applicant had not satisfied the requirements of section 473DD and that there were no exceptional circumstances to justify considering the information.

The application was dismissed.