Did17 v Minister for Immigration

Did17 (the applicant) sought judicial review of a decision by the Immigration Assessment Authority (the Authority) to affirm the refusal of his application for a Safe Haven Enterprise visa. The applicant contended that the Authority had made a jurisdictional error in its assessment of his application.

The primary legal issues before the Federal Court were whether the Authority misunderstood the nature of section 473DD of the *Migration Act 1958* (Cth) and whether the Authority's finding that the applicant did not meet the criteria for the visa was unreasonable.

Justice Street found that the Authority had not misunderstood section 473DD, which concerns the Authority's power to affirm or set aside a decision under review. The Court held that the Authority's decision was not affected by jurisdictional error, and that the finding that the applicant did not satisfy the visa criteria was open to the Authority on the evidence before it. The Court concluded that the applicant's further amended application should be dismissed.