Recent Cases

CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 (13 December 2019) (Kiefel CJ, Gageler, Nettle, Gordon and Edelman JJ)


Immigration – Refugees ­– Application for protection visa ­– Where Pt 7AA of Migration Act 1958 (Cth) requires Immigration Assessment Authority (“IAA”) to review certain decisions to refuse applications for protection visas – Where s 473CB(1)(a), (b) and (d) requires Secretary of Department to give certain material to IAA to conduct review ­­– Where s 473CB(1)(c) requires Secretary to give to IAA any other material Secretary considers relevant to review – Where s 473DB requires IAA to review decision by considering material given by Secretary – Where Secretary gave material to IAA pursuant to s 473CB(1)(c) ­– Where material irrelevant to task of IAA – Where material prejudicial to applicant ­– Where applicant unaware of material ­– Whether jurisdictional error by Secretary –­ Whether jurisdictional error invalidated decision of IAA – Whether apprehended bias.

Administrative law – Judicial review –­­ Procedural fairness – Where s 473FA requires IAA to operate free of bias – Whether apprehended bias.

Words and phrases – “apprehended bias”, “bias”, “fair-minded lay observer”, “fast track reviewable decision”, “Immigration Assessment Authority”, “impartial”, “irrelevant”, “irrelevant and prejudicial material”, “jurisdictional error”, “material”, “materiality”, “prejudicial”, “prejudicial but inadmissible”, “procedural fairness”, “professional decision maker”, “reasonable apprehension of bias”, “relevant”, “relevant to the review”, “required to consider”, “review material”, “rule against bias”, “subconscious bias”.