2206630 (Refugee)

The applicant, a citizen of Sri Lanka, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a decision to refuse to grant a protection visa. The applicant had previously left Australia and subsequently sought to re-enter.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate's decision to affirm the refusal of the protection visa was affected by an error of law. This involved considering whether the delegate had properly assessed the applicant's claims for protection in light of their departure from Australia and subsequent attempts to return.

Her Honour Judge Ermert found that the delegate had not erred in law. The delegate had considered the applicant's claims, including the reasons for their departure and return, and had applied the relevant legislative provisions and policy guidelines. The court determined that the delegate's assessment of the applicant's credibility and the objective country information was reasonable and open to the delegate on the evidence before them.

The application for review was dismissed.