CWW16 v Minister for Immigration

The applicant, CWW16, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The AAT had affirmed the Minister for Immigration's decision to refuse the applicant's protection visa application. The central dispute concerned whether the AAT had correctly applied the "real chance" test when assessing the applicant's claims.

The primary legal issue before the Federal Circuit Court was whether the AAT erred in law by misapplying the "real chance" test in its assessment of the applicant's claims for protection. This involved determining whether the Tribunal had properly considered the available evidence and applied the correct legal standard in concluding that there was not a real chance of the applicant suffering persecution if returned to their country of origin.

Judge Barnes found that the AAT had indeed misapplied the "real chance" test. The Tribunal had failed to adequately consider the cumulative effect of the evidence presented by the applicant, particularly in relation to the specific risks they faced. The Court reiterated that the "real chance" test requires a holistic assessment of the evidence, and that a failure to give due weight to all relevant factors constitutes an error of law. The decision of the AAT was set aside, and the matter was remitted to the AAT for redetermination according to law.