ATJ16 v Minister for Immigration

The applicant, ATJ16, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant ATJ16 a protection visa. The matter was heard before Judge Street in the Federal Circuit and Family Court of Australia.

The central 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 ATJ16'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 applied the principles established in *Minister for Immigration and Border Protection v SZSSJ* [2016] FCAFC 20, which require a decision-maker to genuinely consider all claims made by an applicant. The delegate's reasons for decision did not demonstrate that the specific allegations of harm and the risk of future harm had been properly assessed.

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