Deng v Minister for Immigration

Deng (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 is of Chinese nationality, claimed to fear persecution in China due to his alleged involvement in a religious group that the Chinese government considers a cult.

The primary legal issue before the Federal Court was whether the delegate of the Minister had properly assessed the applicant's claims regarding the risk of persecution. Specifically, the court considered whether the delegate had adequately considered the evidence presented by the applicant, including evidence of the treatment of members of his religious group by the Chinese authorities, and whether the delegate had applied the correct legal test for assessing the risk of persecution under the Migration Act 1958 (Cth).

Justice Kendall found that the delegate had failed to adequately consider crucial aspects of the applicant's evidence, particularly concerning the specific nature and extent of the persecution faced by members of the religious group in China. The delegate's assessment was found to be superficial and did not engage with the detailed evidence provided by the applicant. Consequently, the court determined that the decision to refuse the protection visa was affected by jurisdictional error.

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