AEW17 v Minister for Immigration

In *AEW17 v Minister for Immigration*, the applicant sought judicial review of a decision made by the Minister for Immigration concerning an application for a protection visa. The dispute centred on whether the delegate of the Minister had made an error of fact in assessing the applicant's claims. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate had made an error of fact in their assessment of the applicant's claims for protection, which would render the decision reviewable under the *Administrative Decisions (Judicial Review) Act 1977* (Cth). This involved scrutinising the factual findings made by the delegate in relation to the applicant's circumstances and the risks they faced.

Judge Riethmuller found that the delegate had indeed made an error of fact in their assessment. The Court reasoned that the delegate's findings were not supported by the evidence before them, leading to an incorrect conclusion regarding the applicant's eligibility for a protection visa. The Court applied principles of administrative law concerning the requirement for decision-makers to base their findings on evidence and to avoid jurisdictional error.

Consequently, the application for judicial review was allowed.