DST18 v MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS [2024] FCAFC 104

MIGRATION – application for leave to appeal from a decision answering “no” to a separate question – where Minister referred a fast track reviewable decision to the Immigration Assessment Authority – where Authority’s decision quashed and remitted to the Authority – where Authority made a second decision – where new country information had come into the possession of the Secretary after the original referral to the Authority – whether the Minister’s duty in ss 473CA of the Migration Act 1958 (Cth) to refer a fast track reviewable decision to the Authority must be re-performed after a decision of the Authority is quashed – whether the Secretary’s duty in s 473CB to give review material to the Authority must be re-performed after a decision of the Authority is quashed – meaning of ‘at the time of the referral’ in s 473CB(1)(c) of the Act.

Richard Reynolds successfully represented the Appellant.

Reasons for the judgement can be found here.