FVJ18 v Minister for Home Affairs

FVJ18 (the applicant) sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse a Safe Haven Enterprise visa (subclass 790). The IAA's refusal was based on the applicant's alleged failure to comply with section 91W of the *Migration Act 1958* (Cth). The application was heard by Judge Kendall in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the IAA, in assessing the reasonableness of an explanation provided by an applicant for non-compliance with section 91W, was required to consider the substantive claims underpinning the applicant's application for the visa.

Judge Kendall reasoned that the IAA's function under section 91W was limited to assessing the reasonableness of the explanation provided for non-compliance, not to re-adjudicate the substantive claims for the visa. The court held that the IAA was not required to consider the merits of the applicant's substantive claims when determining whether the explanation for non-compliance was reasonable. Accordingly, the court found that the IAA had not committed a jurisdictional error in its assessment.

The application for judicial review was dismissed.