EPG17 v Minister for Immigration

The applicant, EPG17, sought judicial review of a decision made by the Immigration Assessment Authority (IAA). The core of the dispute concerned whether the IAA possessed the legal authority to review the applicant's protection visa application, particularly in light of a prior decision by the Full Court of the Federal Court in *DBB16 v Minister for Immigration & Anor*. The matter came before Judge Smith of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the applicant qualified as an "unauthorised maritime arrival" for the purposes of the *Migration Act 1958* (Cth). This determination was critical because it would establish whether the IAA had jurisdiction to review the applicant's protection visa application. The applicant contended that, following the Full Court's reasoning in *DBB16*, they were not an unauthorised maritime arrival.

Judge Smith reasoned that the definition of "unauthorised maritime arrival" was central to the IAA's jurisdiction. Applying the principles established in *DBB16*, the Court found that the applicant did not meet the criteria of an unauthorised maritime arrival. Consequently, the IAA lacked the statutory authority to review the applicant's protection visa application.

The Court made declarations that the applicant was not an unauthorised maritime arrival and that the IAA had no jurisdiction to review the applicant's protection visa application.