AMB15 v Minister for Immigration

The applicant, AMB15, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The applicant, who is of Afghan origin, claimed to fear persecution in Afghanistan due to their ethnicity and alleged involvement with a political organisation. The Minister's delegate had refused the protection visa application, finding that the applicant's claims were not substantiated and that they did not meet the criteria for a protection visa under the *Migration Act 1958* (Cth). 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's decision to refuse the protection visa was affected by jurisdictional error. Specifically, the Court was required to determine if the delegate had failed to properly consider the applicant's claims regarding their ethnicity and alleged political affiliations, and whether the delegate's assessment of the evidence was reasonable and supported by the material before them. The applicant also contended that the delegate had failed to adequately assess the risk of harm they would face upon return to Afghanistan.

Judge Cameron found that the delegate had failed to properly consider the applicant's claims concerning their ethnicity and alleged political involvement. The Court held that the delegate's assessment of the evidence was superficial and did not engage with the substance of the applicant's fears. The reasoning applied was that a delegate must undertake a comprehensive and detailed assessment of all claims made by an applicant for a protection visa, particularly where those claims relate to a well-founded fear of persecution. The Court emphasised that a failure to adequately consider material evidence or to provide adequate reasons for rejecting claims constitutes jurisdictional error.

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