ECM18 v Minister for Home Affairs

The applicant, ECM18, sought judicial review of a decision made by the Minister for Home Affairs to refuse to grant a protection visa. The dispute concerned the lawfulness of the Minister's decision, which was made under s 48B of the *Migration Act 1958* (Cth). The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister's delegate had erred in law by failing to consider relevant considerations and by taking into account irrelevant considerations when assessing ECM18's eligibility for a protection visa under s 48B. Specifically, the Court was asked to determine if the delegate had properly applied the principles of administrative law in reaching their decision.

Judge Egan found that the delegate had failed to adequately consider the specific circumstances of ECM18's claim for protection, including the potential risks they faced upon return to their country of origin. The delegate's assessment was found to have been unduly influenced by general country information without sufficiently engaging with the individualised evidence provided by the applicant. The Court reiterated the principle that a decision-maker must genuinely consider all relevant material and must not be swayed by irrelevant factors, particularly in matters involving protection claims.

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