Dez18 v Minister for Home Affairs

Dez18 (the applicant) sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a protection visa. The applicant alleged that the IAA's decision was affected by jurisdictional error.

The central legal issues before the court were whether the IAA's decision was illogical and whether it manifested a misapplication of sections 5H, 5J, and 36(2B)(c) of the *Migration Act 1958* (Cth). These provisions relate to the assessment of claims for protection visas, including the assessment of past persecution and the consideration of whether a person would be at risk of harm if returned to their country of origin.

Judge Cameron found that the IAA's decision was affected by jurisdictional error. The court reasoned that the IAA's assessment of the applicant's claims contained internal contradictions and failed to adequately engage with the evidence presented. Specifically, the court determined that the IAA's reasoning was illogical in its treatment of the applicant's account of past persecution and its assessment of the risk of future harm, thereby constituting a misapplication of the relevant legislative provisions.

The court ordered that the IAA's decision be set aside.