AIB17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

This is an appeal from a decision of a Judge of the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) which dismissed an application for judicial review of a decision of the Immigration Assessment Authority (IAA) to affirm the decision of a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, not to grant Safe Haven Enterprise visas (SHEVs) to the appellants. The appellants, a father and his minor daughter, arrived in Australia as unauthorised maritime arrivals. They had applied for SHEVs on the basis that the first appellant was a Tamil and that his older brother was a member of the Liberation Tigers of Tamil Eelam (LTTE). The appellants claimed that the first appellant had imputed affiliations with the LTTE because of his association with a person named Ruben, who was also a member of the LTTE. They also claimed that the authorities would believe that, from his association with Ruben, he would know the whereabouts of hidden LTTE weapons. The IAA found that the appellants’ claims were not credible and dismissed their application for judicial review. The appellants appealed on the basis that the IAA had acted illogically or irrationally in concluding that the information provided was not “credible personal information” under s 473DD of the Migration Act 1958 (Cth) (the Act), failed to consider integers of claims or evidence, and erred in failing to invite the second appellant to interview under s 473DC of the Act. The court found that the IAA had not acted illogically or irrationally in concluding that the information was not credible personal information and had not failed to consider integers of claims or evidence. The court found that the IAA had not erred in failing to invite the second appellant to interview under s 473DC of the Act. The appeal was dismissed, and the appellants were ordered to pay the costs of the appeal.