Asenso v Minister for Immigration

In *Asenso v Minister for Immigration*, the applicant, Mr Asenso, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's decision to refuse Mr Asenso's application for a Protection visa.

The primary legal issue before the Federal Court was whether the Minister's decision was affected by jurisdictional error. Specifically, the Court was required to determine if the delegate of the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing Mr Asenso's claims for protection.

Judge Driver found that the delegate had failed to adequately consider the applicant's claims regarding past persecution and the real chance of future persecution in his country of origin. The Court held that the delegate's assessment of the evidence was superficial and did not engage with the substance of Mr Asenso's claims, thereby constituting a failure to exercise the power conferred by the *Migration Act 1958* (Cth) according to law. The Court applied the principles of administrative law concerning the proper consideration of evidence and the avoidance of jurisdictional error.

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