COV18 v Minister for Immigration

The applicant, COV18, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their application for a Safe Haven Enterprise visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. The dispute centred on whether the IAA had adequately considered the applicant's claims and evidence.

The court was required to determine whether the IAA demonstrated genuine intellectual engagement with the applicant's case, whether an incorrect legal test had been applied by the IAA, and whether the IAA's decision was legally unreasonable. The applicant contended that these issues constituted jurisdictional error.

Justice Street found that no jurisdictional error had been made out. The court granted leave for the applicant to rely on an amended application and directed that it be filed and served. Ultimately, the amended application was dismissed, and the applicant was ordered to pay the respondent's costs fixed at $7,000.