Dpi18 v Minister for Immigration

The applicant, Dpi18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse their application for a protection visa. The applicant claimed to fear harm in Afghanistan, primarily due to a property dispute. The IAA had disbelieved parts of the applicant's account and found other claimed fears to be not well-founded, noting the applicant's immediate family resided in Pakistan.

The central legal issue before the court was whether the IAA had committed jurisdictional error by failing to consider the risk the applicant might face on the roads when travelling to Pakistan, where their immediate family resided. This failure was argued to be a material omission in the assessment of the applicant's claims.

Judge Driver found that the IAA's assessment had indeed been flawed. The Authority was required to consider all aspects of the applicant's claimed fears, including the practicalities of reaching a place of safety. By failing to consider the potential risks associated with the journey to Pakistan, the IAA had not undertaken a comprehensive assessment of the applicant's protection claims, thereby committing jurisdictional error.

The court upheld the application for judicial review, quashing the IAA's decision.