AEQ15& Ors v Minister for Immigration

In the Federal Circuit and Family Court of Australia, Judge Riethmuller considered the applications of AEQ15 and other applicants (collectively, the applicants) who sought judicial review of decisions made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant the applicants protection visas. The applicants contended that the decisions were unlawful and unreasonable.

The primary legal issues before the court were whether the delegate of the Minister had properly considered the applicants' claims for protection, specifically in relation to the risk of persecution they faced in their country of origin. The court was required to determine if the delegate had applied the correct legal principles when assessing the credibility of the applicants' claims and whether the delegate's findings of fact were supported by the evidence before them. Furthermore, the court examined whether the delegate's decision-making process was affected by jurisdictional error.

Judge Riethmuller found that the delegate had failed to adequately assess the evidence presented by the applicants regarding their fear of persecution. The court determined that the delegate had not properly considered certain aspects of the applicants' claims, leading to a failure to engage with the substance of their protection needs. Consequently, the delegate's decisions were found to be affected by jurisdictional error. The court set aside the decisions of the Minister and remitted the applications to the Minister for redetermination according to law.