AHD20 v Minister for Immigration

The applicant, AHD20, sought judicial review of a decision made by the Immigration Assessment Authority concerning their application for a Safe Haven Enterprise visa. The Minister for Immigration was the first respondent. The matter came before Judge Street of the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the applicant had established jurisdictional error in the Authority's decision. A secondary issue arose concerning whether an adjournment of the proceedings was warranted, in light of the High Court's decision in *AUS17 v Minister for Immigration and Border Protection* [2020] HCA 37, which concerned the application of section 473DD of the *Migration Act 1958* (Cth).

Judge Street found that the applicant had not made out a case for jurisdictional error. Furthermore, the Court determined that no arguable case for relief could be established on the basis of section 473DD of the *Migration Act 1958* (Cth), even considering the recent High Court authority. Consequently, the application was dismissed.

The application was dismissed under rule 44.12 of the *Federal Circuit Court Rules 2001* (Cth), and the applicant was ordered to pay the first respondent's costs fixed at $3,737.00.