Aeq18 v Minister for Home Affairs

The applicant, Aeq18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a protection visa. The Minister for Home Affairs was the respondent. The matter came before Driver J in the Federal Court of Australia.

The primary legal issue before the Court was whether the applicant had an arguable case of jurisdictional error in relation to the IAA's decision. This involved considering whether the IAA had failed to exercise its jurisdiction or had wrongly exercised it. The applicant had also made a show cause application, which the IAA had dismissed interlocutorily.

Driver J found that the applicant had not demonstrated an arguable case of jurisdictional error. The Court reasoned that the applicant's submissions did not disclose any failure by the IAA to consider relevant material or any other error that would vitiate its decision. Consequently, the Court concluded that there was no basis for judicial review.

The Court therefore dismissed the application for judicial review.