BIG17 v Minister for Immigration

BIG17 (the applicant) sought judicial review of a decision by the Immigration Assessment Authority (the Authority) to refuse their application for a Safe Haven Enterprise visa. The applicant contended that the Authority had failed to take into account and/or properly consider their submissions, and had also failed to consider a mandatory relevant consideration.

The central legal issues before the Court were whether the Authority had committed jurisdictional error by failing to consider the applicant's submissions or a mandatory relevant consideration. The applicant argued that these failures amounted to a breach of the requirements of the *Migration Act 1958* (Cth) and the principles of administrative law.

Judge Street found that the Authority had not made a jurisdictional error. The Court reasoned that the Authority's decision record demonstrated that the applicant's submissions had been considered, and that no mandatory relevant consideration had been overlooked. The Court applied the principles of administrative law concerning the proper consideration of submissions and mandatory considerations in the context of visa applications.

The amended application was dismissed.