Chan v Minister for Immigration

In *Chan v Minister for Immigration*, the applicant, Mr. Chan, sought judicial review of a decision by the Minister for Immigration to refuse his application for a protection visa. The dispute centred on whether Mr. Chan had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth).

The primary legal issue before the Federal Court was whether the Refugee Review Tribunal (RRT) had erred in law by failing to adequately consider and assess the evidence presented by Mr. Chan regarding his fear of persecution. Specifically, the court had to determine if the RRT's assessment of the credibility of Mr. Chan's claims and its evaluation of the country information were sufficient to justify the refusal of the protection visa.

Judge Driver found that the RRT had failed to provide adequate reasons for its decision, particularly in relation to its assessment of the subjective fear of persecution. The court held that the RRT must not only consider the objective country information but also engage with and explain its findings on the applicant's subjective fear, even if it ultimately finds that fear to be unfounded. The failure to adequately explain the rejection of key aspects of Mr. Chan's evidence constituted an error of law.

The court ordered that the decision of the Refugee Review Tribunal be set aside and remitted to the Tribunal for redetermination according to law.