The Federal Circuit Court of Australia delivered a judgment in CBI18 v Minister for Immigration & Anor [2020] FCCA 1018 dated 01 May 2020 on the issue that whether the Immigration Assessment Authority (the Authority) had failed to consider ‘relevant material’ as evidence for a Safe Haven Enterprise visa (Class XE) (Subclass 790) in
terms of sub-sections 473CB(1)(b), 473CC & 473DD(b) of the Migration Act 1958
(Cth).
The Court held that the Authority had failed to consider the evidence of a letter that was provided by the visa applicant’s wife that was ‘highly material’ in this case and stated that, “It accepted many aspects of his claims. In that context, it was necessary to properly consider and address the document. I am satisfied that it is appropriate to draw an inference that the IAA did not consider that document”. The Court held that there was jurisdictional error and accordingly, issued the writ of certiorari to set aside the decision of the Authority and writ of mandamus to the Authority to review its decision in accordance with law.
To read the full judgment, click here.
