BHM17 v Minister for Immigration and Border Protection

In the matter of BHM17 v Minister for Immigration and Border Protection, the court was called upon to review the decision of the Immigration Assessment Authority (IAA) affirming the delegate's refusal of the appellant's application for a safe haven enterprise visa. The primary issue before the court was whether the IAA erred in finding that the untranslated French document attached to the appellant's submission did not meet the criteria under section 473DD(b) of the Migration Act 1958 (Cth), and if such an error was material to the IAA's decision.

The court found that the IAA had incorrectly concluded that the appellant had not provided any explanation as to why the new information was not and could not have been provided to the delegate. In fact, the appellant had provided such an explanation through emails and his submission, indicating that he did not have the French document in his possession as of the date of the delegate's decision. However, the court held that this error was not material to the IAA's decision, as the IAA was not satisfied that the appellant faced a real chance of harm from Sri Lankan authorities due to imputed links with the LTTE. Consequently, the primary judge was correct in dismissing the application for review.

The court dismissed the appeal and ordered that the appellant pay the first respondent's costs of the appeal.