DZAFH v Minister for Immigration

DZAFH (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 had arrived in Australia without a visa, claimed to fear persecution in their country of origin due to their membership of a particular social group. The Minister's delegate had refused the protection visa application, a decision that was affirmed on review by the Administrative Appeals Tribunal. The applicant then sought to challenge the Tribunal's decision in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Tribunal had erred in law in its assessment of the applicant's claims regarding their membership of a particular social group and the likelihood of persecution. Specifically, the Court was required to consider whether the Tribunal had properly applied the principles established in relevant case law concerning the definition of a "particular social group" for the purposes of the *Migration Act 1958* (Cth) and whether it had adequately considered the evidence presented by the applicant in relation to the risk of harm.

Judge Jarrett found that the Tribunal had made a jurisdictional error. The Court reasoned that the Tribunal had failed to properly engage with the applicant's evidence and arguments concerning the formation and recognition of the alleged particular social group within their country of origin. The Tribunal's reasoning was found to be deficient in its analysis of whether the group met the criteria of being "socially visible" and whether its members faced a real chance of persecution. The Court applied the principles from *Applicant A v Minister for Immigration and Ethnic Affairs* and *K v Minister for Immigration and Multicultural Affairs* regarding the assessment of particular social groups.

The Court ordered that the decision of the Administrative Appeals Tribunal be set aside and remitted to the Tribunal for redetermination according to law.