BOA18 v Minister for Home Affairs

BOA18 (the applicant) sought judicial review of a decision by the Immigration Assessment Authority (IAA) concerning their application for a Safe Haven Enterprise Visa. The applicant alleged that the IAA failed to consider exercising its discretion under section 477DC(3) of the *Migration Act 1958* (Cth) and that the IAA's findings were unreasonable or illogical. The matter came before Judge Kendall of the Federal Circuit and Family Court of Australia.

The central legal issues before the Court were whether the IAA had failed to consider the exercise of its discretion under s 477DC(3) of the *Migration Act*, and whether the findings made by the IAA in its review of the applicant's case were so unreasonable or illogical as to constitute jurisdictional error.

Judge Kendall found that the IAA had indeed failed to consider the exercise of its discretion under s 477DC(3). The Court reasoned that the IAA's decision-making process, as evidenced in its reasons, did not demonstrate a proper consideration of whether to exercise the power conferred by that section. This failure, coupled with findings that were found to be unreasonable and illogical, led the Court to conclude that a jurisdictional error had occurred.

Consequently, the Court issued the writs sought by the applicant, quashing the decision of the IAA and remitting the matter for redetermination according to law.