AQT15 v Minister for Immigration

The applicant, AQT15, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's decision to refuse to grant AQT15 a protection visa. 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 to refuse the protection visa was affected by jurisdictional error. This involved an examination of whether the delegate of the Minister, in assessing AQT15's claims for protection, had failed to properly consider or apply the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), particularly concerning the assessment of AQT15's fear of persecution.

Judge Jones found that the delegate had made a jurisdictional error by failing to adequately consider the evidence presented by AQT15 regarding the specific nature and likelihood of harm they would face if returned to their country of origin. The court applied the principles established in cases concerning the proper construction and application of the non-refoulement obligations under international and domestic law, emphasizing that a decision-maker must engage with the substance of the applicant's claims and not merely recite them. The delegate's assessment was found to be superficial and did not demonstrate a proper understanding of the risk of harm.

Consequently, the court quashed the Minister's decision and remitted the application for a protection visa to the Minister for redetermination according to law.