AAJ15 v Minister for Immigration

The applicant, AAJ15, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant the applicant a protection visa. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse the protection visa was affected by jurisdictional error. This involved examining whether the decision-maker had properly considered all relevant considerations and excluded irrelevant ones in assessing the applicant's claims for protection. Specifically, the Court had to determine if the decision-maker failed to adequately assess the risk of harm to the applicant in their country of origin, as required by the *Migration Act 1958* (Cth) and relevant international conventions.

Judge Street found that the decision-maker had failed to properly assess the evidence relating to the applicant's fear of persecution. The Court held that the decision-maker had overlooked crucial aspects of the applicant's testimony and supporting documentation, leading to an unreasonable conclusion regarding the likelihood of harm. The principle applied was that a failure to properly consider all relevant evidence constitutes a jurisdictional error, rendering the decision invalid.

Consequently, the Court quashed the Minister's decision and remitted the application for a protection visa to the Minister for redetermination according to law.