AFT16 v Minister for Immigration

The applicant, AFT16, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant a protection visa. The applicant, who was of Pakistani origin, claimed to fear persecution in Pakistan due to their alleged involvement with a political organisation. The matter came before Judge Cameron of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the delegate of the Minister had erred in finding that the applicant's claims of persecution were not reasonably likely to be true. This involved an assessment of the applicant's credibility and the objective country information pertaining to the risk of harm in Pakistan for individuals with the applicant's alleged political affiliations. The Court was required to determine if the delegate had properly considered all relevant evidence and applied the correct legal standard in assessing the risk of persecution.

Judge Cameron found that the delegate had failed to adequately consider certain aspects of the applicant's evidence, particularly in relation to the applicant's alleged membership in a specific political organisation and the potential consequences of such membership in Pakistan. The Court determined that the delegate's assessment of the country information was also insufficient, as it did not fully engage with the specific risks identified by the applicant. Consequently, the Court concluded that the delegate's decision was affected by jurisdictional error. The Court made orders setting aside the decision under review and remitting the application for a protection visa to the Minister for redetermination according to law.