GHX18 v Minister for Immigration

The applicant, GHX18, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to dismiss their application for a Safe Haven Enterprise Visa. The primary dispute concerned the applicant's credibility, which had been adversely assessed by the delegate.

The court was required to determine whether the delegate's adverse credibility findings were reasonably open on the evidence before them, and consequently, whether the delegate's decision to refuse the visa application was affected by an error of law. This involved an examination of the inconsistencies within the applicant's claims and the delegate's assessment of those inconsistencies.

Judge Egan found that the delegate had adequately considered the applicant's evidence and had made adverse credibility findings that were reasonably open on the material. The court concluded that the delegate's assessment of the inconsistencies in the applicant's claims was a rational and lawful exercise of their power. Accordingly, the application for review was dismissed. The court also ordered that the name of the First Respondent be amended and that the applicant pay the First Respondent's costs.