Fui18 v Minister for Home Affairs

The applicant, Fui18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a protection visa. Fui18 claimed to fear harm in Mali. The IAA had not accepted Fui18's claims of past harm and found their fear of future harm to be not well-founded. The matter came before Judge Driver in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the IAA had committed a jurisdictional error in its assessment of Fui18's protection visa application. Specifically, the Court was required to determine if the IAA erred in its consideration of reports detailing terrorist activity relevant to Fui18's claims.

Judge Driver found that the IAA had indeed made a jurisdictional error. The Court reasoned that the IAA's approach to the evidence concerning terrorist activity was flawed, leading to an incorrect assessment of Fui18's claims. The Authority's failure to properly engage with this material constituted a failure to exercise its jurisdiction according to law.

The Court ordered that the decision of the Immigration Assessment Authority be set aside.