Applicant M71-2002 v MIMA

The applicant, identified as M71-2002, sought judicial review of a decision made by the Minister for Immigration and Multicultural Affairs (MIMA). The dispute concerned the applicant's claim for protection as a refugee. The matter was heard by the High Court of Australia, with Justices Hayne and Heydon presiding.

The central legal issue before the High Court was whether the Refugee Review Tribunal (RRT) had erred in law by failing to consider, or adequately consider, the applicant's claims regarding the risk of persecution by non-state actors in their country of origin. Specifically, the court had to determine if the RRT's assessment of the applicant's fear of harm was based on a proper understanding of the relevant legal principles concerning the protection obligations owed to refugees under the *Migration Act 1958* (Cth) and the *Refugee Convention*.

The High Court found that the RRT had failed to properly assess the applicant's claims concerning the risk of persecution by non-state actors. Their Honours reasoned that the RRT's decision was vitiated by an error of law because it did not adequately engage with the evidence presented by the applicant regarding the potential for harm from such actors. The court reiterated the principle that a protection claim must be assessed by considering all reasonable grounds for fearing persecution, including those posed by non-state actors where the state is unable or unwilling to protect its citizens.

The High Court ordered that the application for judicial review be granted, the decision of the Refugee Review Tribunal be quashed, and the matter be remitted to the Refugee Review Tribunal for redetermination according to law.