FHM18 v Minister for Immigration and Anor

The applicant, FHM18, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their application for a Safe Haven Enterprise Visa (SHEV). The Minister for Immigration and another party were the respondents. The core of the dispute revolved around whether the IAA had committed jurisdictional error in its assessment of FHM18's case. The matter was heard by Judge Humphreys in the Federal Circuit and Family Court of Australia.

The court was required to determine several grounds of alleged jurisdictional error. These included whether the IAA failed to consider the applicant's health when assessing the feasibility of their return or internal relocation, and whether the IAA failed to perform its statutory task as required. Further, the court considered whether the IAA misconstrued or misapplied the phrase "exceptional circumstances" as stipulated in section 473DD(a) of the *Migration Act 1958* (Cth). The applicant also argued that the IAA's decision lacked evident and intelligible justification, was legally unreasonable, and that the IAA failed to perform its procedural duties under section 473DD of the Act.

Judge Humphreys found that jurisdictional error had been made out. The reasoning focused on the IAA's failure to adequately consider the applicant's health in its assessment of the risks associated with return or internal relocation, and a broader failure to perform its statutory task. The court concluded that the IAA's decision was not supported by evident and intelligible justification and was legally unreasonable, thereby constituting a failure to perform its procedural duties under section 473DD of the *Migration Act 1958* (Cth). Consequently, the application for judicial review was upheld.