CDD15 v Minister for Immigration

CDD15 (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who was of Pakistani origin, claimed to fear persecution in Pakistan due to their membership of the Ahmadiyya Muslim community. The Minister had refused the visa application on the basis that the applicant did not meet the criteria for a protection visa under the *Migration Act 1958* (Cth). The matter came before Judge Street in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse the protection visa was affected by an error of law. Specifically, the Court was required to determine whether the delegate of the Minister had properly considered the applicant's claims of persecution, including the evidence presented regarding the treatment of Ahmadis in Pakistan, and whether the delegate had applied the correct legal test in assessing the risk of harm. The applicant argued that the delegate had failed to adequately assess the real chance of harm and had not given sufficient weight to the country information relied upon.

Judge Street found that the delegate had made an error of law in assessing the applicant's claims. The Court held that the delegate had failed to properly engage with the evidence concerning the systemic discrimination and persecution faced by Ahmadis in Pakistan. The reasoning indicated that the delegate had not adequately considered the cumulative effect of the various forms of persecution described in the country information and the applicant's personal circumstances. The Court applied the principles established in cases concerning the assessment of protection claims, emphasizing the need for a thorough and objective evaluation of the risk of harm, taking into account all relevant evidence and country information.

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