AZAFH v Minister for Immigration

The applicant, AZAFH, sought judicial review of a decision made by the Minister for Immigration, which affirmed a decision to refuse AZAFH’s application for a protection visa. The dispute concerned the lawfulness of the Minister's decision, specifically whether it was affected by jurisdictional error. The matter came before Judge Street of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the delegate of the Minister, in affirming the refusal of the protection visa, had failed to consider relevant considerations and had taken into account irrelevant considerations, thereby committing jurisdictional error. This involved an examination of the delegate's assessment of AZAFH's claims for protection under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

Judge Street found that the delegate had indeed committed jurisdictional error. The delegate's decision-making process demonstrated a failure to properly engage with and assess crucial aspects of AZAFH's claims, particularly concerning the risk of persecution. The Court held that the delegate had overlooked significant evidence and had applied an incorrect legal standard in evaluating the credibility of AZAFH's account. This failure to undertake a proper assessment of the evidence constituted a failure to exercise the power conferred by the legislation, leading to jurisdictional error.

Consequently, the Court made orders setting aside the decision of the Minister and remitting the application for a protection visa to the Minister for redetermination according to law.