EXW18 v Minister for Home Affairs

The applicant, EXW18, 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 came before Judge Egan in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister's delegate had properly considered the applicant's claims for protection, specifically in relation to the risk of persecution in their country of origin. The Court was required to determine if the delegate had applied the correct legal test when assessing the applicant's eligibility for a protection visa under the relevant provisions of the *Migration Act* and the *Migration Regulations 1994* (Cth).

Judge Egan found that the delegate had failed to adequately consider the applicant's evidence and submissions regarding the risk of harm. The Court applied the principles of administrative law, including the requirement for a decision-maker to undertake a genuine consideration of all relevant material. The delegate's assessment was found to be cursory and did not demonstrate a proper understanding of the applicant's claims. Consequently, the decision was vitiated by jurisdictional error.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for reconsideration according to law.