Ajn19 v Minister for Immigration

The applicant, Ajn19, sought judicial review of a decision by the Immigration Assessment Authority (IAA) concerning an application for a Safe Haven Enterprise visa. The dispute arose from allegations that the Secretary breached section 473CB of the *Migration Act 1958* (Cth) by failing to consider certain information, and that the IAA had turned its mind to exercising its powers under section 473DC of the Act in relation to that information. The matter was heard by Judge Street in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether a jurisdictional error had been made out by the applicant. This involved determining whether the Secretary's alleged failure to consider specific information constituted a breach of the *Migration Act*, and whether the IAA's consideration of that information under section 473DC amounted to a proper exercise of its powers, thereby precluding a finding of jurisdictional error.

Judge Street reasoned that no jurisdictional error had been demonstrated. The Court found that the IAA had indeed considered the relevant information, and therefore the applicant's claim of a breach of section 473CB and subsequent jurisdictional error failed. Consequently, the Court dismissed the applicant's further amended application. The applicant was also ordered to pay the first respondent's costs.