Ant18 v Minister for Home Affairs

The applicant, Ant18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a Safe Haven Enterprise visa. The dispute centred on whether the IAA had properly considered all relevant aspects of section 36(2B) of the *Migration Act 1958* (Cth) when making its determination. The matter was heard before Judge Street in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the IAA committed a jurisdictional error by failing to take into account the whole of section 36(2B) of the Act. This section outlines the criteria for granting a Safe Haven Enterprise visa, and the applicant contended that the IAA's assessment had been incomplete or flawed in its application of this provision.

Judge Street found that the IAA had, in fact, considered the entirety of section 36(2B) in its decision-making process. The Court concluded that the applicant had not demonstrated that the IAA had failed to take into account any part of the relevant legislative provision. Consequently, no jurisdictional error was established. The Court therefore dismissed the applicant's amended application.