Cheche v Minister for Immigration

In *Cheche v Minister for Immigration*, the applicant, Mr Cheche, sought judicial review of a decision by the Minister for Immigration to refuse his application for a Protection visa. The dispute centred on whether the Minister had adequately considered the applicant's claims of persecution in his country of origin.

The primary legal issue before Lloyd-Jones J was whether the Minister's decision was affected by jurisdictional error. Specifically, the court was required to determine if the delegate of the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing Mr Cheche's claims for protection, thereby breaching the requirements of the *Migration Act 1958* (Cth) and the principles of administrative law.

Lloyd-Jones J reasoned that the delegate's assessment had failed to properly engage with the specific evidence provided by Mr Cheche regarding the nature and extent of the persecution he feared. The court found that the delegate had adopted an overly generalised approach, rather than undertaking a detailed and individualised assessment of the applicant's claims, which constituted a failure to consider relevant material. This failure amounted to a jurisdictional error.

Consequently, Lloyd-Jones J set aside the Minister's decision and remitted the application for a Protection visa to the Minister for redetermination according to law.