BVD17 v Minister for Immigration and Border Protection

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJBVD17  APPELLANTANDMINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR  RESPONDENTSBVD17 v Minister for Immigration and Border Protection[2019] HCA 349 October 2019S46/2019ORDERAppeal dismissed with costs. On appeal from the Federal Court of AustraliaRepresentationA Aleksov for the appellant (instructed by Australian Presence Legal)G T Johnson SC with N D J Swan for the first respondent (instructed by MinterEllison)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBVD17 v Minister for Immigration and Border ProtectionImmigration – Refugees – Application for protection visa – Immigration Assessment Authority ("Authority") – Review by Authority under Pt 7AA of Migration Act 1958 (Cth) – Where decision by delegate of Minister for Immigration and Border Protection to refuse protection visa referred to Authority for review – Where Secretary of Department of Immigration and Border Protection gave Authority documents and information – Where Secretary notified Authority that s 473GB applied to documents and information – Where s 473GB(3) conferred discretions on Authority, upon notification, to have regard to matter in document or to information and to disclose matter in document or information to referred applicant – Where documents and information not disclosed to referred applicant during review – Where fact of notification not disclosed to referred applicant during review – Whether procedural fairness required Authority to disclose fact of notification to referred applicant.Administrative law – Judicial review – Jurisdictional error –...