EIB19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 5)

The applicant, EIB19, sought judicial review of a decision by the Immigration Assessment Authority (IAA) concerning their application for a Safe Haven Enterprise visa. The central dispute revolved around whether the applicant qualified as an "unauthorised maritime arrival" under section 5AA of the *Migration Act 1958* (Cth), and consequently, whether the appointment of a port on Christmas Island as a proclaimed port was valid. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine two primary legal issues. Firstly, whether the applicant was correctly characterised as an unauthorised maritime arrival for the purposes of the *Migration Act*. Secondly, the court had to consider the validity of the proclamation of a port on Christmas Island, and whether any alleged invalidity constituted a jurisdictional error that would vitiate the IAA's decision.

Justice Street found that the applicant had not established that they were not an unauthorised maritime arrival. The court reasoned that the definition of "unauthorised maritime arrival" in section 5AA of the *Migration Act* applied to the applicant. Furthermore, the court determined that the proclamation of the port on Christmas Island was valid, and therefore, no jurisdictional error had occurred. Consequently, the amended application for judicial review was dismissed.