EBD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1089

Federal Court of Australia

EBD16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1089 Appeal from: EBD16 v Minister for Immigration and Border Protection [2021] FCCA 1176

File number(s): VID 343 of 2021

Judgment of: ROFE J

Date of judgment: 15 September 2022

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia decision dismissing application for judicial review of a decision of the Immigration Assessment Authority (IAA) – where IAA had affirmed a delegate of the Minister's decision to refuse the appellant's application for a Safe Haven Enterprise Visa – whether IAA failed to engage with appellant's representations about his risk of serious harm owing to his disability – whether IAA acted irrationally in making findings giving rise to alleged internal inconsistencies – whether IAA acted irrationally in making findings based on inferences which were not put to the appellant – appeal allowed

Legislation: Migration Act 1958 (Cth)

Cases cited: AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 Minister for Home Affairs v Omar (2019) 272 FCR 589 Minister for Immigration and Border Protection v Maioha (2018) 267 FCR 643 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 The Republic of Nauru v WET040 [No 2] [2018] HCA 60 WAIJ v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 74