richard reynolds

Full Federal Court allows statutory construction migration appeal

The Full Court has held by a majority (Thawley and Stewart JJ) that where a decision of the Immigration Assessment Authority is quashed, both the Minister's duty in s 473CA of the Migration Act 1958 (Cth) and the Secretary's duty in s 473CB must be re-performed, such that the Secretary is obliged to give to the Authority new country information and other relevant material that has come into the Secretary's possession or control since the matter was originally referred to the Authority. 

Richard Reynolds, counsel of 6 St James Hall Chambers, led by Ben Mostafa, appeared for the successful Appellant.

Please click here to read the full judgment.