CVT19 v Minister for Immigration

CVT19 (the Applicant) sought judicial review of a decision by the Immigration Assessment Authority (the Authority) to refuse their application for a Safe Haven Enterprise visa. The Applicant contended that the Authority had committed a jurisdictional error.

The central legal issues before the Court were whether the Authority had made a jurisdictional error by failing to invite the Applicant to comment on adverse information pursuant to section 473DC of the *Migration Act 1958* (Cth), and whether the Authority had made a finding of fact that was legally unreasonable.

Judge Street found that the Authority had not made a jurisdictional error. The Court reasoned that the Authority's decision-making process did not necessitate inviting comment under section 473DC, as the information relied upon was not considered adverse in the context of the Applicant's case. Furthermore, the Court determined that the Authority's findings of fact were not legally unreasonable, as they were supported by the available evidence and were within the bounds of a rational assessment. Consequently, the application was dismissed.