AQS15 v Minister for Immigration and Border Protection

In AQS15 v Minister for Immigration and Border Protection, the appellant, a Sri Lankan national, sought a protection visa on the basis of a fear of persecution due to imputed political beliefs. The Federal Circuit Court dismissed the appeal, and the appellant sought review by the Full Court of the Federal Court. The central issue in the appeal was whether the Tribunal failed to consider a claim or a component of a claim based on the appellant's participation in a protest march, as evidenced by photographs he submitted. The appellant argued that the Tribunal did not adequately consider the significance of the banners carried during the march which referenced his imputed political beliefs, and that this omission was a failure to consider material that was squarely relevant to his claims.

The Full Court held that the Tribunal did not properly evaluate the evidence of the appellant's participation in the protest march, particularly the banners that could substantiate his imputed political beliefs. The court found that the Tribunal's reasons did not adequately address how the evidence of the march and the banners factored into the appellant's claims of a well-founded fear of persecution. This failure meant that the Tribunal did not properly consider a claim or an integer of a claim that was directly relevant to the appellant's application for a protection visa.

Consequently, the appeal was allowed, and the decision of the Federal Circuit Court was set aside. The Full Court quashed the decision of the Minister made on 10 April 2015 and mandated that the Minister reconsider the appellant's application for review, ensuring all relevant material is properly considered. If the parties could not agree on costs, they were directed to file written submissions within 14 days of the orders, after which the costs would be determined by the court.