CAI v Minister for Immigration

The applicant, CAI, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned whether CAI met the criteria for a protection visa under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in finding that CAI did not hold a well-founded fear of persecution for reasons of membership of a particular social group, specifically as a woman who had been subjected to domestic violence. This involved an assessment of the evidence presented by CAI regarding past experiences of domestic violence and the likelihood of future harm if returned to their country of origin.

Judge McNab considered the evidence of past domestic violence and assessed its credibility and relevance to the assessment of a well-founded fear. The Court applied the principles established in *Applicant V* [2017] HCA 34, which require an objective assessment of the likelihood of harm, taking into account the subjective fear of the applicant. The Court found that the delegate had failed to adequately consider the cumulative impact of the domestic violence experienced by CAI and the specific vulnerabilities associated with being a woman in their country of origin. The delegate's assessment was found to be based on an incomplete and flawed understanding of the evidence.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for redetermination according to law.