BML19 v Minister for Immigration and Anor

The applicant, BML19, sought judicial review of a decision made by the Immigration Assessment Authority (IAA). The dispute concerned the IAA's assessment of BML19's eligibility for a protection visa, specifically in relation to the application of section 36(2)(aa) of the *Migration Act 1958* (Cth) and whether BML19 had been denied procedural fairness. The matter was heard by Judge Nicholls in the Federal Circuit and Family Court of Australia.

The court was required to determine two primary legal issues: first, whether the IAA had applied the correct legal test when considering the criteria under section 36(2)(aa) of the *Migration Act*, which relates to whether a person fears persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion; and second, whether the IAA had afforded BML19 procedural fairness in its decision-making process.

Judge Nicholls found that the grounds of review were not made out. The court concluded that the IAA had correctly applied the relevant legal principles and tests in its assessment of BML19's claim under section 36(2)(aa). Furthermore, the court determined that BML19 had been afforded procedural fairness throughout the IAA's review process. No jurisdictional error was identified. Consequently, the application for judicial review was dismissed.