AFF15 v Minister for Immigration

The applicant, AFF15, sought judicial review of a decision made by the Refugee Review Tribunal (RRT) concerning their application for a Protection (Class XA) visa. The core of the dispute was whether the RRT's decision was vitiated by jurisdictional error. The matter was heard by Judge Jarrett in the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the RRT had made a jurisdictional error in its assessment of AFF15's claims for protection under sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth). Specifically, the Court was required to determine if the RRT's findings of fact or its application of the law to those facts constituted a failure to exercise its jurisdiction or an exercise of jurisdiction it did not possess.

Judge Jarrett found that the RRT had not committed jurisdictional error. The Court reasoned that the RRT had properly considered the evidence before it and applied the relevant provisions of the *Migration Act 1958*. The Tribunal's findings, even if AFF15 disagreed with them, were open to be made on the evidence and did not demonstrate a failure to engage with the statutory criteria for granting a protection visa. The Court concluded that the RRT's decision was within its jurisdiction.

The application for judicial review was dismissed.