DVG17 v Minister for Immigration

DVG17 sought judicial review of a decision by the Migration Review Tribunal (MRT) to affirm the Minister for Immigration's refusal to grant a visa. The central dispute concerned whether the MRT had erred in declining to consider new information provided by DVG17 in accordance with section 473DD of the *Migration Act 1958* (Cth). The matter came before Judge Barnes of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the MRT had correctly applied section 473DD of the *Migration Act*, which governs the consideration of new information by the Tribunal. Specifically, the Court had to determine if the MRT's refusal to consider the information provided by DVG17 was a jurisdictional error.

Judge Barnes reasoned that section 473DD requires the MRT to consider new information if it is relevant to the decision being reviewed, unless certain exceptions apply. The Court found that the MRT had failed to properly engage with the new information provided by DVG17 and had not adequately explained why it was not considered. The legal principle applied was that a failure to consider relevant information in accordance with statutory requirements can constitute a jurisdictional error.

The Court ordered that the MRT's decision be set aside and remitted to the MRT for redetermination according to law.