DEA18 v Minister for Home Affairs

The applicant, DEA18, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their application for a Safe Haven Enterprise visa. The dispute centred on whether the IAA had adequately assessed the risk of harm faced by the applicant due to their residency in Kabul. The matter was heard before Judge Kendall in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the IAA had committed a jurisdictional error by failing to properly assess the applicant's claim of fearing harm. Specifically, the court was required to determine if the IAA erred in its assessment of whether the risk of harm to the applicant in Kabul was greater than that faced by the general population.

Judge Kendall found that the IAA had indeed made a jurisdictional error. The reasoning was that the IAA's assessment did not sufficiently consider the specific circumstances of the applicant's residency in Kabul in relation to the general risk of harm. By failing to adequately assess whether the applicant's risk exceeded that of the general population, the IAA had not fulfilled its statutory obligations. Consequently, the court issued the necessary writs to quash the IAA's decision.