FEY17 v Minister for Home Affairs

The applicant, FEY17, appealed against a decision of the Minister for Home Affairs. The applicant sought leave to rely on additional grounds of appeal, arguing that the Immigration Assessment Authority (IAA) had erred by considering new information during its review of the Minister’s decision. The case was heard by the Federal Court of Australia.

The central legal issue in the case was whether the primary judge had erred in finding that the IAA did not commit a jurisdictional error by considering new information. The applicant argued that the IAA had breached its statutory obligations by considering information that was not before the Minister and by considering new information without exceptional circumstances. The respondent contended that the IAA had not erred in considering the new information, as the information was relevant and credible, and the IAA was entitled to consider it in exceptional circumstances.

The court examined the relevant statutory provisions and found that the IAA was required to conduct its review with reference to the material provided by the Secretary but without accepting or requesting new information or interviewing the appellant. While the IAA had the power to obtain new documents or information that were not before the Minister, it did not have a duty to do so. Additionally, the IAA was required not to consider any new information unless it was satisfied that there were exceptional circumstances to justify the consideration of the new information. The court found that the primary judge had not erred in finding that the IAA did not commit a jurisdictional error by considering the new information, as the information was relevant and credible, and the IAA was entitled to consider it in exceptional circumstances.

The appeal was dismissed, and the applicant was ordered to pay the first respondent’s costs of and incidental to the appeal.