FGQ18 v Minister for Immigration and Anor

FGQ18 sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning an application for a Safe Haven Enterprise visa. The applicant alleged that the IAA's decision was affected by bias and that the Authority had failed to correctly identify the issues and apply the relevant law. The matter came before Judge Street of the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the IAA’s decision-making process was vitiated by actual or apprehended bias, and whether the IAA had committed a jurisdictional error by failing to properly identify the issues in dispute or by misapplying the relevant legal principles governing the visa application.

Judge Street found that no jurisdictional error had been made out. The Court was not satisfied that the IAA’s decision was affected by bias, either actual or apprehended. Furthermore, the Court concluded that the IAA had correctly identified the issues and applied the relevant law in its assessment of FGQ18’s application for a Safe Haven Enterprise visa. Consequently, the application for judicial review was dismissed.