Axy15 v Minister for Immigration

Axy15 (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who arrived in Australia by boat, claimed to fear persecution in their country of origin due to their membership of a particular social group. The Minister's delegate had refused the protection visa application, a decision that was affirmed on review by the Administrative Appeals Tribunal. The applicant then brought proceedings in the Federal Court of Australia.

The primary legal issue before Lucev J was whether the Tribunal had erred in law in its assessment of the applicant's claims regarding membership of a particular social group and the real chance of persecution. Specifically, the court was asked to consider whether the Tribunal had properly applied the principles established in *K v Minister for Immigration and Border Protection* [2017] FCA 1600 and *SZSSJ v Minister for Immigration and Border Protection* [2016] FCA 1079 concerning the definition of a "particular social group" for the purposes of the *Migration Act 1958* (Cth).

Lucev J found that the Tribunal had failed to adequately consider the evidence presented by the applicant regarding the characteristics of the alleged particular social group and the nexus between those characteristics and the feared persecution. The court held that the Tribunal's reasoning was insufficient and did not demonstrate a proper understanding of the legal test for establishing membership of a particular social group. Consequently, the Tribunal's decision was vitiated by an error of law.

The court made orders setting aside the decision of the Administrative Appeals Tribunal and remitting the application for a protection visa to the Tribunal to be heard and determined according to law.