Awa18 v Minister for Immigration

The applicant, Awa18, sought judicial review of a decision by the Minister for Immigration concerning an application for a Safe Haven Enterprise visa. The dispute centred on whether a factual error made by the Immigration Assessment Authority (IAA) constituted a jurisdictional error, thereby invalidating the decision. The matter came before Judge Humphreys in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the IAA's alleged mistake of fact, in assessing the applicant's eligibility for the visa, amounted to a jurisdictional error. This required the Court to consider the nature of the IAA's decision-making power and the circumstances under which a factual error could vitiate such a decision.

Judge Humphreys found that the IAA had indeed made a mistake of fact in its assessment. The Court reasoned that this factual error was so fundamental that it led to the IAA acting outside its statutory authority, thereby constituting a jurisdictional error. The Court applied principles of administrative law, specifically concerning the grounds for judicial review of administrative decisions, to determine that the IAA's decision was vitiated by this error.

The application for the writ was allowed, and the decision of the Immigration Assessment Authority was set aside.