Aex19 v Minister for Immigration and Anor (No.2)

The applicant, Aex19, sought judicial review of a decision by the Minister for Immigration and Anor (No.2) to refuse their application for a Safe Haven Enterprise Visa. The application was heard by Judge Egan.

The central legal issue before the court was whether the delegate of the Minister had committed a jurisdictional error in assessing the applicant's claims for the visa. This involved determining if the adverse credibility findings made against the applicant, and the conclusion that their claims were implausible, were based on a proper and lawful assessment of the evidence.

Judge Egan found that the delegate had not made a jurisdictional error. The delegate's assessment of the applicant's claims, including the adverse credibility findings, was open to them on the evidence before them. The delegate was entitled to find the claims implausible and to reach the conclusion that the applicant did not satisfy the criteria for the grant of the visa.

Consequently, the application for judicial review was dismissed.