Eshetu, Ex parte- Re Min for Immig, Min for Immig v Eshetu

The applicants, Mr. and Mrs. Eshetu, sought judicial review of a decision by the Minister for Immigration and Multicultural Affairs to refuse their application for a Protection Visa. The Minister's decision was based on the finding that the applicants had not established that they would be personally liable to be persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, should they be returned to Ethiopia. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister's delegate had erred in law in their assessment of the applicants' claims for protection. Specifically, the court was required to consider the proper interpretation and application of the criteria for granting a Protection Visa under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), particularly concerning the assessment of a real chance of persecution.

The High Court, in a joint judgment, held that the delegate had made an error of law. The delegate had failed to adequately consider the evidence presented by the applicants regarding the general country information about Ethiopia and its relevance to their individual circumstances. The court emphasised that a delegate must not only consider whether the applicants would be personally liable to persecution but also whether there was a real chance that they would be persecuted, taking into account all available information, including country information. The delegate's approach was found to be too narrow, focusing on a direct, personal threat rather than a broader assessment of risk.

The High Court allowed the appeal, quashed the decision of the Minister's delegate, and remitted the application for a Protection Visa to the Minister for reconsideration according to law.