CMW15 v Minister for Immigration

CMW15 (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 was of Afghan origin, claimed to fear persecution in Afghanistan due to their ethnicity and alleged involvement with a particular political group. The Minister had refused the protection visa application, finding that the applicant's claims were not credible and that they did not meet the criteria for a protection visa under the *Migration Act 1958* (Cth). The matter came before Judge Street in 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 determine if the delegate of the Minister had failed to properly consider the applicant's claims of fear of persecution, particularly in relation to the applicant's ethnicity and alleged political affiliations, and whether the delegate had adequately assessed the objective country information relevant to Afghanistan. The applicant also contended that the delegate had failed to provide adequate reasons for the decision.

Judge Street found that the delegate had failed to properly consider the applicant's claims regarding their ethnicity and the potential for persecution arising from their alleged involvement with a political group. The Court held that the delegate's assessment of the country information was superficial and did not adequately address the specific risks faced by individuals of the applicant's ethnicity in Afghanistan, nor did it sufficiently engage with the evidence presented by the applicant concerning their alleged political affiliations. The Court concluded that this failure constituted a jurisdictional error, as the delegate had not undertaken the comprehensive assessment required by the *Migration Act 1958* (Cth) and relevant case law.

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