COT16 v Minister for Immigration

The applicant, COT16, 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 Convention reason. The matter came before Judge Street of the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the applicant's subjective fear of persecution was objectively reasonable, given the country information available to the Minister. Specifically, the Court had to determine if the Minister's assessment of the applicant's claims, particularly regarding the alleged persecution by a non-state actor, was affected by an error of law.

Judge Street found that the Minister's delegate had failed to adequately consider the country information relating to the specific circumstances of the applicant's alleged persecution. The delegate had relied on general country information that did not sufficiently address the particular risks faced by individuals in the applicant's situation. The Court reiterated the principle that a delegate must engage with and properly assess all relevant country information when determining the reasonableness of a subjective fear. The delegate's failure to do so constituted an error of law.

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