ARP15 v Minister for Immigration

The applicant, ARP15, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's decision to refuse to grant the applicant 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 examining whether the delegate who made the original decision had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing the applicant's claims for protection.

Judge Vasta found that the delegate had failed to adequately consider the applicant's claims regarding past persecution and the risk of future persecution. The Court applied the principles established in *Minister for Immigration and Border Protection v WZARH* [2021] FCAFC 160, which require a decision-maker to engage with and assess all aspects of a protection claim. The delegate's reasons for decision did not demonstrate a proper consideration of the evidence presented by the applicant, particularly concerning the specific circumstances of their alleged persecution.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for redetermination according to law.