FKB17 v Minister for Immigration

The applicant, FKB17, sought judicial review of a decision by the Minister for Immigration concerning a safe haven enterprise visa. The dispute centred on the validity of a declaration made under section 473GD(1) of the Migration Act 1958 (Cth) and a certificate issued under section 473GB of the Act, which the applicant argued were made *ultra vires*. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Immigration Assessment Authority (IAA) had correctly determined that certain information provided to it did not constitute "new information" for the purposes of the assessment. Allied to this was the question of whether the declaration and certificate issued by the Minister were validly made, or if they were beyond the scope of the Minister's powers. The Court also considered whether it should order the production of a specific document, assessing its relevance, admissibility, and the public interest, drawing on principles from *Sankey v Whitlam*.

His Honour Judge Wilson found that the declaration made under s 473GD(1) and the certificate issued under s 473GB were indeed *ultra vires* the powers conferred upon the Minister. The Court reasoned that the IAA's assessment of what constituted "new information" was flawed, and this error tainted the subsequent actions taken by the Minister. The principles of administrative law regarding the proper exercise of statutory powers were central to this determination.

Consequently, the Court made orders declaring the Minister's declaration and certificate invalid.