CQW17 v Minister for Immigration & Anor

The applicant, CQW17, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to affirm the refusal of a protection visa. The Minister for Immigration and Border Protection was the respondent. The core of the dispute concerned whether the IAA had adequately considered the applicant's claims of persecution.

The primary legal issue before the court was whether the IAA had failed to undertake the mandatory consideration required by s 47B of the *Migration Act 1958* (Cth) in relation to the applicant's claims. Specifically, the court had to determine if the IAA had failed to consider a particular aspect of the applicant's evidence, which, if considered, might have led to a different outcome.

Judge Cameron found that the IAA had indeed failed to consider a crucial part of the applicant's evidence regarding the risk of persecution. The court applied the principle that a failure to consider relevant evidence constitutes a failure to undertake the mandatory consideration required by the *Migration Act*. This failure meant that the IAA's decision was vitiated by jurisdictional error.

Consequently, the court set aside the IAA's decision and remitted the matter to the IAA for redetermination according to law.