AJJ15 v Minister for Immigration

The applicant, AJJ15, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in their assessment of the applicant's claims of persecution. Specifically, the Court was required to determine if the delegate had failed to properly consider all relevant evidence, including the applicant's personal circumstances and the general country information pertaining to their claimed country of origin, when assessing the credibility and substance of the fear of persecution.

Judge Smith found that the delegate's assessment had been flawed. The Court reasoned that the delegate had not adequately engaged with the specific details of the applicant's account, nor had they sufficiently explained why certain aspects of the evidence were not considered credible. The legal principle applied was that a decision-maker must undertake a thorough and balanced assessment of all available evidence, giving due weight to the applicant's subjective experience, and must provide clear reasons for any adverse credibility findings. The Court concluded that the delegate's decision did not meet this standard.

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