CUP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, CUP17, sought judicial review of a decision made by the Immigration Assessment Authority (Authority) which affirmed the refusal to grant a Safe Haven Enterprise visa. The application was brought under section 476 of the *Migration Act 1958* (Cth). The central dispute concerned whether the Authority had committed a jurisdictional error by assessing the risk of future harm to the applicant on the basis of an assumption unsupported by evidence or reasons. The matter was heard by Judge Manousaridis in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Authority’s assessment of the risk of future harm to the applicant was vitiated by jurisdictional error. Specifically, the Court was required to determine if the Authority had relied on an assumption that lacked evidentiary support or a rational basis in its reasoning process, thereby failing to undertake its statutory task.

Judge Manousaridis found that the Authority’s decision did not involve jurisdictional error. The Court reasoned that the Authority’s assessment of the risk of future harm was based on the information available to it and was within the scope of its functions. The Court concluded that the Authority’s reasoning, even if the applicant disagreed with its conclusions, did not demonstrate an unsupported assumption or a failure to engage with the relevant considerations, and therefore did not constitute a jurisdictional error.

The application was dismissed, and the applicant was ordered to pay the first respondent’s costs in the amount of $5,000.