BHG15 v Minister for Immigration

The applicant, BHG15, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned the assessment of the applicant's claims of persecution in their country of origin. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the decision-maker had failed to properly consider the applicant's claims regarding the risk of persecution, specifically in relation to the subjective fear of harm and the objective likelihood of such harm occurring. The Court was required to determine if the assessment of the evidence was reasonable and if the decision-maker had applied the correct legal test for establishing a well-founded fear of persecution.

Judge Manousaridis found that the delegate had failed to adequately assess the subjective fear of the applicant, particularly in light of the evidence provided. The reasoning indicated that the delegate had not given sufficient weight to the applicant's personal account and the potential impact of past experiences on their current fear. The Court applied the principles established in cases concerning the assessment of protection visa claims, emphasizing the need for a holistic and empathetic consideration of the applicant's evidence and the objective circumstances in their country of origin. The Court concluded that the decision was affected by jurisdictional error.

The Court set aside the decision of the Minister and remitted the application for a protection visa to the Minister for redetermination according to law.