2314405 (Refugee)

The applicant, a citizen of Nepal, sought judicial review of a decision by the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm the refusal of a protection visa. The applicant had previously been granted a protection visa, but this visa was cancelled under s 501(2) of the *Migration Act 1958* (Cth) due to character grounds. Following the cancellation, the applicant applied for a protection visa, which was refused. The applicant then sought review of this refusal.

The primary legal issue before the Federal Court was whether the delegate erred in law in affirming the refusal of the protection visa. Specifically, the Court was required to consider whether the delegate had properly assessed the risk of the applicant suffering harm if returned to Nepal, taking into account the applicant's circumstances and the country information available. This involved an examination of whether the delegate had adequately considered the applicant's subjective claims and whether the objective country information was applied correctly to those claims.

In her decision, Justice Bills found that the delegate had not erred in law. The delegate had considered the applicant's claims regarding past persecution and the risk of future persecution in Nepal. The delegate also had regard to the country information available, including reports from the Department of Foreign Affairs and Trade, and assessed the likelihood of the applicant facing harm from specific groups or authorities in Nepal. The delegate's reasoning, as set out in the decision under review, demonstrated a proper application of the relevant legal principles and a rational assessment of the evidence.

The application for judicial review was therefore dismissed.