ASK15 v Minister for Immigration

The applicant, ASK15, sought judicial review of a decision made by the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute concerned the Minister's decision to refuse to grant ASK15 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. 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 ASK15's claims for protection.

Judge Street found that the delegate had failed to adequately consider the applicant's claims regarding past persecution and the real chance of future persecution in their country of origin. The Court reasoned that a failure to properly assess the evidence presented by the applicant, particularly concerning the subjective fear of harm and the objective circumstances in their home country, constituted a failure to exercise the power conferred by the *Migration Act 1958* (Cth) according to law. The legal principle applied was that a decision-maker must genuinely consider all relevant evidence and claims put forward by an applicant for protection.

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