Is a s 473GB certificate “new information”?

By
Sergio Zanotti Stagliorio
-

High Court. Is a non-disclosure certificate issued under s 473GB of the Migration Act 1958 (Cth) "new information" within the meaning of s 473DC? If so and the IAA treats a certificate as valid and exercises the power conferred by s 473GB(3)(a) to have regard to the information protected by the certificate, can the IAA be taken to have considered that the certificate itself "may be relevant" within the meaning of s 473DC(1)(b)?

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

Question 1: Is a non-disclosure certificate issued under s 473GB of the Migration Act 1958 (Cth) "new information" within the meaning of s 473DC? 

Question 2: If the answer to Question 1 is yes and the IAA treats a certificate as valid and exercises the power conferred by s 473GB(3)(a) to take have regard to the information protected by the certificate, can the IAA be taken to have considered that the certificate itself "may be relevant" within the meaning of s 473DC(1)(b)?

The HCA answered those questions as follows:

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