CIY15 v Minister for Immigration

The applicant, CIY15, sought judicial review of a decision made by the Minister for Immigration. The dispute concerned the Minister's refusal to grant the applicant a protection visa. The matter came before Judge Street of 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 the applicant's claims, had failed to properly consider or give adequate weight to certain aspects of the applicant's evidence and submissions, thereby failing to undertake the assessment required by the *Migration Act 1958* (Cth).

Judge Street reasoned that the delegate's decision-making process, as evidenced in the reasons provided, demonstrated a failure to properly engage with the applicant's claims regarding past persecution and the real chance of future persecution. The Court found that the delegate had adopted an overly restrictive approach to the evidence, particularly concerning the applicant's subjective experience and the potential for harm upon return to their country of origin. This failure to undertake a comprehensive assessment, as mandated by the relevant provisions of the *Migration Act*, constituted a jurisdictional error.

Consequently, the Court quashed the Minister's decision and remitted the application for a protection visa to the Minister for redetermination according to law.