AAH17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

AAH17 sought judicial review under section 476 of the *Migration Act 1958* (Cth) of a decision by the Immigration Assessment Authority (the Authority) affirming a delegate's decision to refuse the applicant a Safe Haven Enterprise visa. The application was heard by Judge Manousaridis.

The central legal issues before the Court were whether the Authority had considered certain information provided by the applicant, whether that information was substantial and consequential, and if the Authority's failure to consider such information was material to its decision.

Judge Manousaridis reasoned that the Authority had failed to consider information that was both substantial and consequential to the applicant's case. This failure was found to be material, meaning it had a real chance of affecting the outcome of the Authority's review. Consequently, the Court upheld the application.

The Court ordered that the Authority's decision of 9 December 2016, which affirmed the delegate's decision of 22 September 2016 not to grant the applicant a Safe Haven Enterprise visa, be quashed. The Authority was directed to review the delegate's decision according to law, and the Minister was ordered to pay the applicant's costs as an unrepresented litigant.