ANW18 v Minister for Home Affairs

The applicant, ANW18, sought judicial review of a decision by the Minister for Home Affairs to refuse to grant a protection visa. The dispute centred on 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, specifically concerning the credibility of the applicant's account and the objective country information relevant to the claimed fear of persecution. The court was required to determine if the delegate's findings were reasonably open on the evidence before them and if the correct legal principles had been applied in assessing the risk of harm.

Judge Young found that the delegate had failed to adequately consider certain aspects of the applicant's evidence and had not properly engaged with the country information that supported the applicant's claims. The court applied the principles of administrative law, including the requirement for a decision-maker to undertake a proper, rational, and logical assessment of the evidence. The delegate's decision was found to be affected by jurisdictional error due to this failure.

The court set aside the delegate's decision and remitted the application for a protection visa to the Minister for reconsideration according to law.