Emc18 BY His Litigation Guardian Emd18 v Minister for Home Affairs

Emc18, by his litigation guardian Emd18, brought proceedings against the Minister for Home Affairs concerning an application for a Protection (Class XA) visa. The matter came before the Federal Court of Australia.

The central legal issue before the Court was whether the Administrative Appeals Tribunal had misconstrued or misapplied section 5J(6) of the *Migration Act 1958* (Cth) in its assessment of Emc18's visa application.

Judge Street found that the Tribunal had indeed misconstrued and misapplied section 5J(6) of the *Migration Act 1958* (Cth). The Court determined that the amended application should have been allowed.