AKE15 v Minister for Immigration

AKE15 (the applicant) sought judicial review of a decision made by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who had arrived in Australia without a visa, claimed to fear persecution in their country of origin due to their membership of a particular social group. The Minister's delegate had refused the protection visa application, a decision that was subsequently affirmed by the Administrative Appeals Tribunal. The applicant then brought proceedings in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Tribunal had erred in law in its assessment of the applicant's claims regarding membership of a particular social group and the risk of persecution. Specifically, the Court was required to consider whether the Tribunal had correctly applied the principles established in relevant case law concerning the definition of a "particular social group" for the purposes of the *Migration Act 1958* (Cth) and the assessment of a well-founded fear of persecution.

Judge Street found that the Tribunal had made a jurisdictional error in its assessment of the applicant's claim to be a member of a particular social group. The Court held that the Tribunal had failed to adequately consider the evidence presented by the applicant and had applied an overly narrow interpretation of the concept of a "particular social group." This error meant that the Tribunal's decision could not stand.

The Court ordered that the decision of the Administrative Appeals Tribunal be set aside and remitted to the Tribunal for redetermination according to law.