BTI19 v Minister for Home Affairs

The applicant, a citizen of Sri Lanka, sought judicial review of a decision by the Immigration Assessment Authority (IAA) which affirmed a delegate's refusal to grant him a Safe Haven Enterprise (SHEV) visa. The applicant arrived in Australia in 2012 and applied for the SHEV visa in 2016. After the initial refusal and subsequent affirmation by the IAA, the applicant sought judicial review. The Federal Circuit Court had previously quashed the IAA's decision due to its failure to consider evidence from the applicant's family member remaining in Sri Lanka. A differently constituted IAA then upheld the original refusal, leading to the present application for judicial review before Judge Riethmuller.

The central legal issue before the court was whether the IAA's decision to affirm the refusal of the SHEV visa was legally unreasonable, thereby constituting a ground for judicial review. The applicant's claims for protection were based on fears of abduction, harm, or death by the Karuna Group due to his association with his brother-in-law, a businessman who opposed the group and supported a Tamil opposition candidate. He also feared being suspected of being an LTTE supporter, and highlighted his mental health issues, including depression, anxiety, and suicide attempts, as well as potential economic hardship and lack of mental health services in Sri Lanka.

Judge Riethmuller was not persuaded that the case presented one of the rare instances where it was legally unreasonable for the IAA not to make further inquiries, particularly considering the nature of the review process under Part 7A of the Migration Act 1958 (Cth). The court concluded that the applicant had not established a ground for judicial review. Consequently, the application was dismissed, and the applicant was ordered to pay the Minister's costs fixed at $7,467.00.