BOS17 v Minister for Immigration

The applicant, BOS17, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a Safe Haven Enterprise Visa (subclass 790). The delegate of the Minister for Immigration had previously refused the visa application.

The central legal issue before the Federal Circuit Court was whether the IAA had erred in its assessment of the applicant's claims, specifically concerning whether certain information constituted "new information" that the IAA was required to consider. The court also had to determine if the applicant's claims contained "credible personal information" and whether the IAA had properly applied the principles established in *SZIAI*.

His Honour Judge J D Wilson QC found that a letter submitted by the applicant, which predated the delegate's decision, did not constitute "new information" in the relevant sense. Furthermore, the court determined that the applicant's new claims were not clearly articulated and that an allegedly obvious enquiry about a critical fact, the existence of which was easily ascertainable, did not warrant further consideration. The court distinguished the present case from *SZIAI*, concluding that the applicant's grounds of review lacked merit.

The application was dismissed.