BIU18 v Minister for Home Affairs

The applicant, BIU18, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their application for a Safe Haven Enterprise visa. The core of the dispute revolved around whether the IAA had acted unreasonably by failing to consider exercising its discretion under section 473DC of the *Migration Act 1958* (Cth).

The primary legal issue before the Federal Court was whether the IAA committed a jurisdictional error by not considering the exercise of its discretion under section 473DC. This required the court to determine the scope and application of that discretionary power in the context of the applicant's visa application.

Justice Humphreys found that the IAA had not made a jurisdictional error. The court reasoned that the IAA's decision-making process, as evidenced in the material before the court, did not demonstrate an unreasonable failure to consider the relevant discretion. Consequently, the application for judicial review was dismissed.