AFT18 v Minister for Home Affairs

The applicant, AFT18, sought judicial review of a decision by the Minister for Home Affairs to refuse to grant a protection visa. The dispute concerned the lawfulness of the Minister's decision, which was made under s 48B of the *Migration Act 1958* (Cth). The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse to grant a protection visa was affected by jurisdictional error. Specifically, the Court was required to determine if the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing AFT18's claim for protection.

Judge Jarrett found that the Minister's delegate had failed to properly consider the applicant's claims regarding past persecution and the risk of future persecution in their country of origin. The delegate had relied on outdated country information and had not adequately addressed the specific circumstances of AFT18's case. The Court held that this failure constituted a jurisdictional error, as it meant the Minister had not exercised the power conferred by s 48B of the *Migration Act* according to law.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for reconsideration according to law.