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473DD of the Migration Act 1958 (Cth)

When trying to decide whether or not there are grounds for challenging a decision of the Immigration Assessment Authority, it is worthwhile to see if the Authority correctly performed the procedural duty imposed on it by s 473DD of the Migration Act 1958 (Cth). The Authority is required to assess “new information” against the criteria specified in both s 473DD(b)(i) and s 473DD(b)(ii) and only then make an assessment against whether there are exceptional circumstances to justify considering this new information in accordance with s 473DD(a). There have been occasions when an IAA decision-maker has misconstrued or misapplied the phrase “exceptional circumstances” in s 473DD(a). I won a case where the Authority failed to refer to the requirements of s 473DD(b)(ii). The Court agreed with my submissions that this constituted a jurisdictional error on the basis that the Authority had not performed its procedural duty and had failed to take into account a mandatory relevant consideration.

I am accepting briefs in immigration and administrative law matters, including matters involving this issue. If I can assist in an immigration or administrative law matter, please feel free to reach out.

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