CKN15 v Minister for Immigration

CKN15 (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 is of Pakistani origin, claimed to fear persecution in Pakistan due to their membership of the Ahmadiyya Muslim community. The Minister had refused the protection visa application on the basis that the applicant's claims were not substantiated and that the applicant did not meet the criteria for a protection visa under the *Migration Act 1958* (Cth). The matter came before Judge Harland 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. This involved determining whether the decision-maker had properly considered the applicant's claims of persecution, including the specific risks faced by members of the Ahmadiyya community in Pakistan, and whether the assessment of the evidence was reasonable and in accordance with the relevant provisions of the *Migration Act* and the *Migration Regulations 1994* (Cth). The Court also considered whether the decision-maker had adequately addressed the non-refoulement obligations under international law.

Judge Harland found that the decision-maker had failed to adequately consider the evidence relating to the persecution of Ahmadis in Pakistan and had not properly assessed the risk of harm to the applicant. The Court held that the decision-maker had made an error of law by failing to give sufficient weight to the country information and expert evidence presented by the applicant, which indicated a real chance of serious harm. The principles applied included the requirement for a decision-maker to undertake a comprehensive assessment of the applicant's claims and to consider all relevant evidence, including country information, in determining whether a real chance of persecution exists.

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