Applicant S270/2019 v Minister For Immigration and Border Protection

The applicant, identified as S270/2019, sought judicial review of a decision made by the Minister for Immigration and Border Protection. The core of the dispute concerned the Minister's refusal to grant the applicant a protection visa. The matter was heard before the High Court of Australia.

The High Court was required to determine whether the Minister's decision to refuse the protection visa was vitiated by jurisdictional error. Specifically, the court considered whether the delegate of the Minister, in assessing the applicant's claims for protection, had failed to consider relevant considerations or had taken into account irrelevant considerations, thereby breaching the requirements of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

The Court reasoned that the delegate's assessment of the applicant's claims for protection, particularly concerning the risk of persecution, was flawed. It was held that the delegate had failed to adequately consider the applicant's subjective fear and the objective circumstances supporting that fear, as required by the relevant provisions of the *Migration Act* and the *Migration Regulations*. The legal principle applied was that a failure to properly consider all relevant evidence and considerations constitutes a jurisdictional error, rendering the decision invalid.

The High Court found in favour of the applicant, quashing the Minister's decision and remitting the matter to the Minister for redetermination according to law.