AUK15 v Minister for Immigration and Anor

The applicant, AUK15, sought judicial review of a decision by a delegate of the Minister for Immigration and Border Protection concerning their protection obligations. The dispute centred on whether the delegate had erred in their assessment of the applicant's claim for protection, specifically in relation to the risk of significant harm and the consideration of the applicant's foreign accent. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine two primary legal issues. Firstly, whether the delegate had failed to consider relevant information, namely the applicant's foreign accent, when assessing their protection claim. Secondly, the court had to consider whether the delegate's finding that the applicant did not face a real risk of significant harm was legally sound. Additionally, the court examined allegations that the applicant had been denied procedural fairness due to the delegate's failure to invite comment on adverse information.

In its reasoning, the court found that the delegate's assessment of the risk of significant harm was open to them on the evidence before them. The court also determined that the applicant's foreign accent was not a determinative factor in the assessment of protection obligations. Crucially, the court concluded that there was no jurisdictional error on the part of the delegate. The court also granted leave to amend the originating application to include claims for declaratory and injunctive relief concerning the Minister's future decision to remove the applicant under section 198 of the *Migration Act 1958* (Cth). Ultimately, the application for judicial review was dismissed.