Ari18 v Minister for Home Affairs

The applicant, Ari18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) concerning his application for a Safe Haven Enterprise visa. The dispute centred on allegations that the IAA had failed to provide the applicant with new information as required by section 473DE of the *Migration Act 1958* (Cth). Specifically, the applicant contended that the IAA's failure to furnish him with an audio recording of his arrival interview constituted a breach of this statutory obligation. The matter was heard before Judge Humphreys in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the IAA had contravened section 473DE of the *Migration Act 1958* by not providing the applicant with the audio recording of his arrival interview, and whether the IAA had acted legally unreasonably in failing to invite the applicant to provide new information concerning his baptism. The Court was required to determine if these alleged failures amounted to jurisdictional error.

Judge Humphreys found that the IAA's obligations under section 473DE were engaged only when it proposed to make a decision that was adverse to the applicant and relied on information not previously considered by the Minister. The Court held that the audio recording of the arrival interview was not new information in this context, as it had been provided to the applicant previously. Furthermore, the Court determined that the IAA was not legally unreasonable in its handling of the baptism information, as it had adequately considered the material before it and was not obliged to invite further submissions on that specific point. Consequently, no jurisdictional error was established.

The application for judicial review was dismissed.