AWW17 v Minister for Immigration

The applicant, AWW17, sought judicial review of a decision made by the Immigration Assessment Authority (IAA). The dispute concerned whether the IAA had erred in its assessment of the applicant's case by failing to consider the criteria stipulated in section 473DD(b) of the *Migration Act 1958* (Cth). The matter came before Judge Nicholls of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the IAA had committed a jurisdictional error by failing to have regard to the criteria set out in section 473DD(b) of the *Migration Act 1958* (Cth) when reviewing the applicant's case. A secondary issue arose concerning whether the conduct of the applicant's solicitor warranted a referral under the *Legal Profession Uniform Law Act 2014* (NSW).

Judge Nicholls found that the IAA had not committed a jurisdictional error. The Court's reasoning, based on the material before it, indicated that the IAA had properly considered the relevant criteria. Consequently, the application for review was dismissed. The Court also determined that there was no basis to refer the solicitor's conduct for further investigation under the *Legal Profession Uniform Law Act 2014* (NSW).