Fja18 v Minister for Immigration

The applicant, Fja18, sought judicial review of a decision by the Minister for Immigration to refuse a Safe Haven Enterprise (Class XE) (Subclass 790) visa. The dispute centred on whether certain new information provided by the applicant constituted credible personal information, and whether exceptional circumstances existed to warrant a different outcome. The matter was heard by Judge Jarrett in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate's decision to refuse the visa was affected by jurisdictional error. This required the Court to consider whether the delegate had properly assessed the "new information" provided by the applicant, specifically whether it was "credible personal information" as contemplated by the relevant migration regulations. The Court also had to determine if there were any exceptional circumstances that would have compelled a different decision.

Judge Jarrett found that the information provided by the applicant was not credible personal information. The Court reasoned that the delegate had adequately considered the information and applied the correct legal test. Furthermore, the Court concluded that no exceptional circumstances were established that would have justified a departure from the delegate's findings. Consequently, the Court determined that no jurisdictional error had occurred.

The application for judicial review was dismissed. The Court also made orders regarding costs.