ADL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The case of ADL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs involves an Iranian national, the appellant, who arrived in Australia by boat in 2013 and applied for a Safe Haven Enterprise Visa (subclass 790), which was refused. The refusal was affirmed by the Immigration Assessment Authority, and the appellant's subsequent application for judicial review was dismissed by the Federal Circuit Court. The appellant appealed to the High Court against the Federal Circuit Court's decision. The primary issues in the appeal were whether the Immigration Assessment Authority had properly applied section 5J(3)(a) of the Migration Act 1958 (Cth) in conjunction with section 5L of the Act in considering the appellant's claims, particularly those relating to his interest in music and dance and his complementary protection claim.

The High Court found that the Immigration Assessment Authority had not properly considered the appellant's interest in music and dance in the context of his complementary protection claim. The Court held that the Authority had failed to adequately apply the provisions of section 5J(3)(a) of the Migration Act in conjunction with section 5L. Specifically, the Court found that the Authority had not considered whether the appellant's interest in music and dance constituted a significant aspect of his identity, which would warrant protection under the complementary protection provisions of the Act. The Court also noted that the Authority had not sufficiently considered the potential harm the appellant would face if returned to Iran due to his interest in music and dance.

The High Court allowed the appeal, set aside the orders made by the Federal Circuit Court, quashed the affirmation of the delegate's decision by the Immigration Assessment Authority, and remitted the matter back to the Authority for reconsideration by a different member. The Court also ordered that the costs of the appeal and the proceedings in the Federal Circuit Court be paid by the First Respondent, which is the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.

The final orders of the Court are as follows: the appeal is allowed, the orders made by the Federal Circuit Court on 4 February 2020 are set aside, a writ of certiorari is issued to quash the affirmation by the Immigration Assessment Authority on 15 December 2016, the matter is remitted to the Immigration Assessment Authority for reconsideration, and the First Respondent is to pay the Appellant's costs of the appeal and the proceedings in the Federal Circuit Court.