CKU17 v Minister for Immigration

The applicants sought judicial review under s 476 of the *Migration Act 1958* (Cth) of a decision by the Immigration Assessment Authority (the Authority) affirming a decision not to grant them a Safe Haven Enterprise visa. The applicants contended that the Authority had failed to properly consider their case.

The central legal issues before the Federal Circuit and Family Court of Australia were whether the Authority possessed jurisdiction to determine if any of the applicants qualified as an "excluded fast track review applicant." If such jurisdiction existed, the court was asked to consider whether the Authority had actually exercised it, and if not, whether this failure was material to the Authority's ultimate decision. The applicants also raised a further claim that the Authority had failed to consider material that was before it.

Judge Manousaridis found that the Authority did have jurisdiction to make such a determination. However, his Honour concluded that the Authority had not failed to consider whether any of the applicants was an "excluded fast track review applicant," nor had it failed to consider material before it. Consequently, the application for judicial review was dismissed.