Applicant A v Minister for Immigration and Ethnic Affairs

Applicant A sought judicial review of a decision by the Minister for Immigration and Ethnic Affairs to refuse to grant a protection visa. The case was heard by the High Court of Australia. 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 central legal issue before the High Court was the proper interpretation and application of the criteria for a protection visa, specifically the requirement for a "well-founded fear of persecution" for a reason specified in section 417 of the *Migration Act 1958* (Cth). This involved determining the standard of proof required to establish such a fear and the assessment of the evidence presented by the applicant.

The Court considered the meaning of "well-founded fear," noting that it requires an objective assessment of the likelihood of persecution, not merely a subjective feeling of fear. The judges examined the evidence relating to the applicant's circumstances and the political situation in their country of origin. They applied principles of administrative law, including the duty of procedural fairness and the standard of review for decisions made under the *Migration Act 1958* (Cth). The Court ultimately determined that the Minister's decision was affected by an error of law.

The High Court ordered that the appeal be allowed, the decision of the Federal Court be set aside, and the matter be remitted to the Minister for reconsideration according to law.