CQK15 v Minister for Immigration

CQK15 (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 arrived in Australia by boat, claimed to be a national of a country experiencing widespread persecution and violence, and asserted that they feared persecution if returned to their country of origin. The matter came before Judge Harland in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the applicant had established a well-founded fear of persecution for a reason within the meaning of s 5H of the *Migration Act 1958* (Cth). This required the Court to assess the applicant's claims regarding the general country situation and their individual circumstances, and to determine if there was a real chance of persecution upon return. The Court also had to consider whether the applicant's fear was objectively reasonable, taking into account all available information.

Judge Harland's reasoning focused on the evidence presented by the applicant and the country information available to the Minister. The Court applied the principles established in *Minister for Immigration and Ethnic Affairs v Teoh* and *Chan v Minister for Immigration and Ethnic Affairs*, which require a holistic assessment of the applicant's claims and the objective circumstances. The Court found that while the country situation was concerning, the applicant had not provided sufficient credible evidence to establish a well-founded fear of persecution for a Convention reason. The Court concluded that the applicant's subjective fear, while genuine, was not objectively reasonable in the circumstances.

The application for judicial review was dismissed.