COE17 v Minister for Immigration

The applicant, COE17, sought judicial review of a decision made by the Immigration Assessment Authority (Authority) affirming a decision not to grant a Safe Haven Enterprise visa. The application was brought under section 476 of the *Migration Act 1958* (Cth). The matter was heard by Judge Manousaridis in the Federal Circuit and Family Court of Australia.

The central legal issues before the Court were whether the Authority had failed to take into account relevant considerations, whether its decision was unreasonable, and whether the Authority had made a jurisdictional error by failing to disclose an invalid certificate purportedly issued under section 473GB of the Act. The Court was also required to determine whether the failure to disclose such a certificate, with or without the documents it purported to cover, was material to the Authority's decision.

His Honour found that the Authority had not failed to take into account relevant considerations and that its decision was not unreasonable. Furthermore, the Court determined that the Authority had not made a jurisdictional error by failing to disclose the certificate, as it was not a document that was required to be disclosed under the relevant provisions of the Act. Consequently, the application for judicial review was dismissed.