CJV15 v Minister for Immigration

The applicant, CJV15, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for a reason specified in s 5(1) of the *Migration Act 1958* (Cth). The matter came before Judge Antoni Lucev 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 their assessment of the applicant's claims, specifically concerning the credibility of the applicant's account and the assessment of the risk of harm should the applicant be returned to their country of origin. The Court was required to determine if the delegate's findings were reasonably open on the evidence before them, and whether the delegate had properly applied the relevant legal principles in assessing the risk of persecution.

Judge Lucev found that the delegate had failed to adequately consider certain aspects of the applicant's evidence, particularly in relation to the alleged persecution. The Court held that the delegate's assessment of the applicant's credibility was flawed, as it did not properly engage with the entirety of the evidence presented. The legal principle applied was that a decision-maker must give proper, genuine and realistic consideration to all relevant evidence when assessing a protection visa claim. The Court concluded that the delegate's decision was affected by jurisdictional error.

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