FWR18 v Minister for Home Affairs

The applicant, FWR18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) which affirmed the Minister for Home Affairs' refusal to grant a Safe Haven Enterprise (Class XE) (Subclass 790) visa. The applicant's primary contention was that he was unable to attend the final hearing before the IAA because he was not aware of the scheduled date.

The court was required to determine whether the applicant had been properly informed of the final hearing date, and consequently, whether the IAA's decision was vitiated by a failure to afford procedural fairness. Further, the court considered whether the IAA had correctly applied the relevant tests under section 36(2)(aa) of the *Migration Act 1958* (Cth) in assessing the applicant's eligibility for a protection visa, particularly in relation to the complementary protection criterion.

Justice Dowdy found that the evidence before the court and the Minister indicated the applicant had been duly notified of the final hearing date. The court also held that the IAA was entitled to rely on its anterior factual findings made in relation to the Refugees Convention criterion when considering the complementary protection criterion, and was not required to repeat those findings. The court concluded that the IAA had applied the correct legal tests and that the applicant had not established any denial of procedural fairness.

The Application in a Case for reinstatement was accordingly dismissed.