Coj18 v Minister for Home Affairs

The applicant, Coj18, sought judicial review of a decision by the Minister for Home Affairs to refuse to grant a protection visa. The applicant, who is of Vietnamese nationality, claimed to have a well-founded fear of persecution in Vietnam due to their membership of a particular social group, specifically, individuals who had engaged in certain online activities. The Minister's delegate had refused the protection visa application, finding that the applicant did not meet the criteria for a refugee under the *Migration Act 1958* (Cth). Driver J of the Federal Court of Australia heard the matter.

The central legal issue before the Court was whether the applicant's fear of persecution was well-founded, such that they ought to be granted a protection visa. This required the Court to consider whether the applicant's claimed membership of a particular social group was recognised under the Refugee Convention, and whether the evidence established a real chance of persecution on that basis. Specifically, the Court had to determine if the delegate had erred in law in their assessment of the applicant's claims regarding their online activities and the potential consequences thereof in Vietnam.

Driver J found that the delegate had failed to adequately consider the evidence presented by the applicant concerning the nature and potential repercussions of their online activities in Vietnam. The Court held that the delegate's assessment of the applicant's membership in a particular social group was too narrow and did not properly engage with the evolving nature of persecution in the digital age. Consequently, Driver J concluded that the delegate's decision was affected by an error of law, as it failed to properly assess the applicant's claims in accordance with the *Migration Act* and the Refugee Convention. The Court set aside the delegate's decision and remitted the application for reconsideration according to law.