DHK16 v Minister for Immigration and Border Protection

The appellant, a citizen of Sri Lanka, challenged the decision of the Immigration Assessment Authority (IAA) which had affirmed the delegate’s decision to refuse to grant him a protection visa. The central issue was whether the IAA erred in concluding that the appellant could obtain financial assistance from his mother to fund internal relocation in Sri Lanka. The appellant argued that the IAA's reasoning was based on unfounded assumptions that his mother was willing and able to provide her home as collateral for a loan. The Federal Circuit Court of Australia (FCCA) dismissed the application for review, holding that there was some evidence to support the IAA's finding. The appellant appealed this decision to the High Court of Australia.

The High Court considered whether the FCCA judge erred in dismissing the application for review. The Court explained that the “no evidence” ground of review requires the finding to be unsupported by any probative evidence, and the finding must not be reasonably open on the evidence. The Court held that the IAA's finding was not supported by any evidence and was based on an erroneous interpretation of the appellant's statements at the entry interview. The Court found that the IAA incorrectly assumed that the appellant’s mother was willing and able to provide her home as collateral for a loan, which was not supported by the evidence.

Accordingly, the Court allowed the appeal, set aside the orders of the FCCA, and remitted the matter to the IAA for determination according to law. The Court also ordered the Minister to pay the appellant’s costs of the appeal and the proceeding in the FCCA.