BRT15 v Minister for Immigration

The applicant, BRT15, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant BRT15 a protection visa. The matter was heard by Judge Driver in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister's decision to refuse the protection visa was affected by jurisdictional error. Specifically, the Court was required to consider whether the delegate of the Minister, in assessing BRT15's claims for protection, had failed to properly consider relevant information or had applied the wrong legal test in determining whether BRT15 met the criteria for a protection visa under the *Migration Act 1958* (Cth).

Judge Driver found that the delegate had indeed committed a jurisdictional error. The reasoning focused on the delegate's failure to adequately assess the subjective fear of persecution articulated by BRT15, and the insufficient consideration given to the objective country information relevant to BRT15's claims. The Court reiterated the principle that a delegate must engage with and properly assess all aspects of an applicant's claim, including their subjective experiences and the objective circumstances in their country of origin, to avoid jurisdictional error.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for reconsideration according to law.