AQH15 v Minister for Immigration

The applicant, AQH15, sought judicial review of a decision made by the Minister for Immigration, which affirmed a decision to refuse to grant a protection visa. The dispute concerned the Minister's assessment of AQH15's claims for protection, specifically relating to the risk of persecution in their country of origin. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's decision was affected by jurisdictional error. This involved examining whether the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing AQH15's claims, thereby failing to exercise the power conferred by the relevant legislation. Specifically, the Court had to determine if the Minister's assessment of the evidence regarding the applicant's fear of harm was reasonable and properly supported by the material before them.

Judge Street found that the Minister's delegate had failed to adequately consider crucial aspects of AQH15's evidence concerning the specific nature of the threats faced and the reasons for their fear. The Court held that a failure to give proper weight to significant evidence, particularly where it directly addressed the grounds for protection, constituted a failure to exercise the jurisdiction conferred by the Act. This failure meant the decision was vitiated by jurisdictional error.

Consequently, the Court made orders setting aside the Minister's decision and remitting the matter to the Minister for redetermination according to law.