AKI17 v Minister for Immigration

The applicant, AKI17, sought judicial review of a decision made 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 fear. The Court also considered whether the delegate's adverse credibility findings were reasonably open on the evidence.

Judge Smith found that the delegate had failed to adequately consider certain aspects of the applicant's evidence, particularly in relation to the subjective element of their fear. The Court reiterated the established legal principles that a well-founded fear requires both a subjective fear and an objectively reasonable basis for that fear. It was held that the delegate's adverse credibility findings were not adequately supported by the evidence and that the delegate had not properly engaged with the applicant's narrative. Consequently, the delegate's decision was found to be affected by jurisdictional error.

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