AZC20 v Minister for Immigration

The applicant sought judicial review of a decision by the Immigration Assessment Authority (the Authority) affirming a delegate's refusal to grant a protection visa. The applicant claimed to fear harm from Iranian authorities due to his perceived apostasy, his connection to the Baha'i faith, and his application for protection visas in Australia. The matter was heard by Judge Blake.

The primary legal issue before the Court was whether the Authority acted unreasonably in failing to exercise, or consider exercising, its power under section 473DC(3) of the *Migration Act 1958* to obtain new information from the applicant. This was particularly relevant given the applicant's history of psychogenic mutism, which had affected his initial interview where he communicated his responses in writing.

The applicant argued that it was unreasonable for the Authority not to invite him for a further interview, especially considering his mutism and the significant time lapse since his initial interview. He contended that the Authority's criticism of his evidence as "vague, lacking in details, evasive and not spontaneous or free-flowing" was made without a proper understanding of his communication difficulties, as the audio recording of his interview would not have conveyed the nature of his written responses. The applicant submitted that the Authority should have used its power under section 473DC(3) to obtain new information, including a direct interview, to properly assess his claims.