Department of Home Affairs

Ministerial Submission - MS23-001846 - Compensation For Detriment Caused By Defective Administration (cdda), Signed 17 January 2024 ​

FA 24/08/00876 Released 17 pages PDF

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A ministerial submission from January 2024 recommends the Minister for Immigration, Citizenship and Multicultural Affairs decide on a Compensation for Detriment caused by Defective Administration (CDDA) claim against the Department of Home Affairs. The claim alleges departmental defective administration caused detriment to the applicant through a delay from May 2021 to August 2022 in applying the legal reasoning established in *Minister for Citizenship, Migrant Services and Multicultural Affairs v CBW20* [2021] FCAFC 63 and in notifying the applicant of their valid visa status. The submission presents three decision options: approve compensation for one component under the CDDA Scheme based on demonstrated departmental defective administration, reject compensation for another component as non-compensable, and sign an accompanying Decision Record explaining the reasons. The submission references the CDDA guidelines issued by the Department of Finance and

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