EKW18 v Minister for Immigration

The applicants, EKW18 and another, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their applications for Safe Haven Enterprise (Class XE) (Subclass 790) visas. The core of the dispute involved allegations that the IAA failed to adequately consider the applicants' claims for protection. The matter was heard by Judge Blake in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the IAA had committed jurisdictional error by failing to actively consider the first applicant’s claims for complementary protection and whether the IAA had similarly failed to actively consider the first applicant’s claims for protection as a refugee.

Judge Blake reasoned that the IAA's decision record demonstrated that it had indeed considered the relevant claims made by the first applicant. The court found that the IAA had applied the correct legal principles in assessing the protection claims and that there was no evidence to support the assertion that these claims were not actively considered. Consequently, the court concluded that no jurisdictional error had occurred.

The application was dismissed, and the applicants were ordered to pay the First Respondent’s costs fixed in the sum of $5,000.