ADW18 v Minister for Immigration

The applicant, ADW18, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their Safe Haven Enterprise Visa application. The dispute centred on allegations of bias and procedural unfairness in the IAA's assessment process. The matter was heard by Judge Kendall in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the IAA had committed a jurisdictional error by exhibiting actual or apprehended bias, and whether the IAA had failed to afford the applicant procedural fairness by not putting new information to them before making its decision. The applicant contended that the fact the same IAA reviewer had previously determined their brother's application, and that the IAA had not presented certain information to the applicant for comment, demonstrated a lack of impartiality and a failure to follow proper procedure.

Judge Kendall found that the IAA had indeed committed a jurisdictional error. The court reasoned that the appearance of bias arose from the same reviewer having assessed both the applicant's and their brother's applications, particularly where the brother's application had been refused. This circumstance, the court held, could lead a reasonable observer to apprehend that the reviewer might not have brought an impartial mind to the applicant's case. Furthermore, the court found that the IAA had failed to provide procedural fairness by not giving the applicant an opportunity to respond to information that was before the IAA and which was adverse to the applicant's case.

Consequently, Judge Kendall issued the writs sought by the applicant, quashing the IAA's decision.