Interplay between ss 473DD(a) and (b)

By
Sergio Zanotti Stagliorio
-

High Court. Should the circumstances in ss 473DD(b)(i) and (ii) be factored into s 473DD(a)? Is the IAA required to consider the conditions in ss 473DD(b)(i) and (ii) before considering s 473DD(a)? If not, would it at least be efficient and prudent for the IAA to consider first the conditions in ss 473DD(b)(i) and (ii) and only then consider s 473DD(a) if one or both of those conditions is satisfied?

Some of the questions to the High Court (HCA) were as follows:

Question 1: Should the circumstances in ss 473DD(b)(i) and (ii) be factored into s 473DD(a) of the Migration Act 1958 (Cth)?

Question 2: Is the Immigration Assessing Authority (IAA) required to consider the conditions in ss 473DD(b)(i) and (ii) before considering s 473DD(a)?

Question 3: If the answer to Question 2 is "no", would it at least be efficient and prudent for the IAA to consider first the conditions in ss 473DD(b)(i) and (ii) and only then consider s 473DD(a) if one or both of those conditions is satisfied?

The HCA answered those questions as follows:

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