ATI15 v Minister for Immigration

The applicant, ATI15, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for a reason specified in section 5(1) of the *Migration Act 1958* (Cth). The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Refugee Review Tribunal (RRT) had erred in its assessment of the applicant's claims. Specifically, the Court was required to determine if the RRT had failed to adequately consider all relevant evidence, including the applicant's subjective fear and the objective country information, when assessing the likelihood of persecution. The Court also considered whether the RRT had applied the correct legal test in determining whether the fear was "well-founded."

Judge Jarrett found that the RRT had failed to properly assess the applicant's subjective fear of persecution. The RRT had placed undue emphasis on the lack of specific evidence of past persecution, without adequately considering the applicant's detailed account of their experiences and the potential for future harm. The Court reiterated the principle that a well-founded fear does not require proof of past persecution, but rather a reasonable degree of likelihood of future persecution. The RRT's decision was therefore found to be affected by an error of law.

The Court set aside the decision of the Refugee Review Tribunal and remitted the matter to the Tribunal for redetermination in accordance with the Court's reasons.