APV15 v Minister for Immigration

The applicant, APV15, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The applicant, who arrived in Australia by boat, claimed to fear persecution in their country of origin due to their membership of a particular social group. The Minister's delegate had refused the protection visa application, a decision later affirmed by the Administrative Appeals Tribunal. The applicant then brought proceedings in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Tribunal had erred in law in its assessment of the applicant's claims regarding membership of a particular social group and the risk of persecution. Specifically, the Court was required to consider whether the Tribunal had properly applied the principles established in *Love v Commonwealth* [2020] HCA 3 and *Thomsen v Minister for Immigration and Border Protection* [2021] FCA 1065 in its determination of the applicant's claims. The Court also had to consider whether the Tribunal had adequately considered all the evidence before it.

Judge Lucev found that the Tribunal had failed to properly consider the applicant's evidence and had not adequately explained its reasoning in rejecting the applicant's claims regarding membership of a particular social group. The Court held that the Tribunal had applied the relevant legal principles incorrectly, leading to an error of law. The Court therefore quashed the Tribunal's decision.

The Court remitted the matter to the Administrative Appeals Tribunal for redetermination according to law.