FDL17 v Minister for Immigration

The applicant, FDL17, sought judicial review of a decision by the delegate of the Minister for Immigration to refuse a protection visa. The dispute centred on allegations that the delegate failed to comply with section 57 of the *Migration Act 1958* (Cth) by not disclosing adverse information to the applicant, thereby denying them an opportunity to respond. The matter came before Judge Heffernan of the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the delegate's failure to disclose adverse information and provide an opportunity to respond constituted a breach of procedural fairness, and whether the Immigration Assessment Authority (IAA) constructively failed to exercise its jurisdiction by not considering information that could be characterised as 'new information' and whether such a failure was unreasonable.

Judge Heffernan found that the delegate's reliance on undisclosed adverse information, without affording the applicant a chance to address it, was a failure to comply with the mandatory requirements of section 57 of the *Migration Act*. This failure was held to be a breach of the rules of procedural fairness. Furthermore, the Court determined that the IAA's approach to the information presented, which arguably constituted 'new information' requiring consideration, demonstrated an error of law, amounting to a constructive failure to exercise its jurisdiction in an unreasonable manner.

Writs were issued by the Court, indicating that the applicant was successful in their application for judicial review.