Gos18 v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs

In the case of Gos18 v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs, the appellant, a Sri Lankan citizen, challenged the decision of the Immigration Assessment Authority (IAA) to reject her application for a Temporary Protection Visa (TPV). The IAA had affirmed the decision under review and dismissed the appellant’s application for a TPV on 16 November 2018. The appellant sought to appeal the decision, proposing to raise three new grounds of appeal. The primary issue before the court was whether it was in the interests of justice to allow the appellant to raise new grounds of appeal and, if so, which grounds should be permitted.

The court considered the legal issues surrounding the IAA's consideration of relevant sections of the Migration Act 1958 (Cth) and the admissibility of new information. The appellant argued that the IAA had failed to consider certain sections of the Act and made unreasonable findings regarding her credibility and claims. The court found that the IAA’s decision was affected by legal unreasonableness due to the failure to consider the relevant provisions of the Act and the unreasonableness of the findings on the appellant’s credibility. The court granted leave for the appellant to raise the new ground concerning the consideration of section 473DD(b)(ii) of the Act.

The court concluded that the appeal should be allowed on the basis of the new ground regarding the IAA's failure to consider section 473DD(b)(ii) of the Act. The court set aside the Federal Circuit Court’s order and remitted the matter to the IAA for redetermination in accordance with law. The first respondent was ordered to pay 30% of the appellant's costs of and in connection with the appeal, as agreed or taxed, subject to potential variation based on further submissions from the parties.