EWQ17 v Minister for Immigration

The applicant, EWQ17, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their application for a Safe Haven Enterprise Visa. The Minister for Immigration was the respondent. The core of the dispute concerned allegations of a failure by the IAA to comply with its statutory obligations and a denial of procedural fairness. The matter was heard by Judge Kendall in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the IAA had failed to comply with the requirements of section 437CB of the *Migration Act 1958* (Cth), whether the translation of certain documents was inadequate, and whether the applicant was denied procedural fairness in relation to a certificate that was considered by the IAA. The applicant contended that these failures constituted jurisdictional error.

Judge Kendall found that there was no jurisdictional error. The Court reasoned that the IAA had complied with its obligations under section 437CB. Regarding the translation, the Court was not satisfied that the translation was inadequate to the point of constituting a failure of procedural fairness. Furthermore, the Court determined that the applicant had been afforded procedural fairness in relation to the certificate, as they had been given an opportunity to respond to the information it contained. Consequently, the application for judicial review was dismissed.