CQX18 v Minister For Immigration and Anor (No.2)

CQX18 (the applicant) sought judicial review of a decision by the Immigration Assessment Authority (the Authority) to refuse their application for a protection visa. The applicant claimed to fear harm in Iran. The Authority had disbelieved parts of the applicant's claims and found other asserted fears to be not well-founded. The matter came before Judge Driver of the Federal Circuit and Family Court of Australia.

The central legal issues before the Court were whether the Authority had erred in its application of the "real chance" test when assessing the applicant's claims, and whether the Authority had taken into account an irrelevant consideration. The applicant contended that these errors constituted jurisdictional error.

Judge Driver found that jurisdictional error had been established in relation to the Authority's application of the "real chance" test. The Court's reasoning focused on the Authority's assessment of the likelihood of harm to the applicant, indicating a misapplication of the relevant legal standard. The specific nature of the irrelevant consideration was not detailed in the provided text, but its inclusion was found to be a further basis for jurisdictional error.

The Court made orders setting aside the decision of the Immigration Assessment Authority.