ACM15 v Minister for Immigration and Anor

The Administrative Appeals Tribunal (AAT) heard an application by ACM15 for review of a decision made by the Minister for Immigration and Border Protection to refuse to grant ACM15 a visa. The AAT affirmed the delegate's decision to refuse the visa. ACM15 then sought judicial review of the AAT's decision in the Federal Circuit Court of Australia.

The primary legal issue before the Federal Circuit Court was whether the AAT had erred in law by failing to adequately consider ACM15's submissions regarding their subjective fears of persecution in their country of origin. Specifically, the court was asked to determine if the AAT had applied the correct legal test when assessing the credibility and genuineness of ACM15's claims, and whether the AAT's findings were supported by the evidence before it.

His Honour Judge Wilson found that the AAT had failed to properly engage with ACM15's evidence and submissions concerning their subjective fears. The AAT's decision was found to be based on an incomplete and therefore erroneous assessment of the material presented. The court reiterated the principle that tribunals must give proper consideration to all relevant evidence and submissions, particularly when assessing subjective claims of fear, and that a failure to do so constitutes an error of law.

The Federal Circuit Court set aside the AAT's decision and remitted the matter to the AAT for redetermination according to law.