CKT & SCT

The Full Court of the Federal Court of Australia, comprising Kay, Coleman, and Boland JJ, considered an appeal concerning the interpretation and application of the *Migration Act 1958* (Cth) and associated regulations. The dispute arose from a decision by the Administrative Appeals Tribunal (AAT) which affirmed a decision to refuse a visa to the applicants, CKT and SCT. The applicants sought judicial review of the AAT's decision, alleging errors of law.

The primary legal issues before the Full Court were whether the AAT had erred in its interpretation of the relevant legislative provisions concerning the assessment of the applicants' claims for protection, and whether the AAT had failed to provide adequate reasons for its decision. Specifically, the Court was asked to determine if the AAT had correctly applied the evidentiary standards required for establishing a well-founded fear of persecution under Australia's international non-refoulement obligations.

The Full Court reasoned that the AAT had indeed made an error of law by misinterpreting the threshold for establishing a well-founded fear. The Tribunal had applied an overly stringent standard, requiring a degree of certainty that was not mandated by the legislation or relevant case law. The Court reiterated the principle that a well-founded fear requires an assessment of the *real chance* of persecution, not proof to a standard of certainty. Furthermore, the Court found that the AAT's reasons were insufficient, failing to adequately explain how it reached its conclusions on critical aspects of the applicants' claims.

Consequently, the Full Court allowed the appeal, set aside the AAT's decision, and remitted the matter to the AAT for redetermination according to law.