FJT18 v Minister for Home Affairs

The applicant, FJT18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a protection visa. The applicant claimed to fear harm in Vietnam. The IAA had not believed the applicant's claims, leading to the refusal. The matter came before Judge Driver in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the IAA's review process was unfair, specifically concerning the refusal to grant an oral hearing, and whether the IAA had improperly exercised its power by failing to consider all relevant material. The applicant contended that these aspects of the review constituted jurisdictional error.

Judge Driver found that the IAA had not committed jurisdictional error. The court reasoned that the IAA was entitled to refuse an oral hearing if it considered that the written submissions were sufficient for a proper review. The decision to refuse an oral hearing was a matter for the IAA's discretion, provided it was exercised in accordance with the governing legislation. Furthermore, the court was satisfied that the IAA had considered all relevant material before it when making its decision. The applicant's claims were assessed against the available country information and the applicant's own evidence, and the IAA's adverse credibility findings were open to it.

Consequently, the application for judicial review was dismissed.