Govender v Minister for Immigration

In *Govender v Minister for Immigration*, the applicant, Mr Govender, sought judicial review of a decision by the Minister for Immigration to refuse his application for a Protection visa. The dispute centred on whether the Minister's decision was affected by jurisdictional error. The matter was heard by Judge Baird in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the delegate of the Minister had failed to consider relevant considerations, specifically the applicant's subjective fear of persecution, when assessing his Protection visa application. This involved determining whether the delegate's assessment of the applicant's credibility and the objective evidence presented was adequate and lawful.

Judge Baird found that the delegate had indeed made a jurisdictional error. The delegate's reasons indicated a failure to properly engage with the applicant's subjective claims of fear, instead focusing predominantly on the objective evidence without adequately weighing it against the applicant's personal experience and stated fears. The court applied the principle that a decision-maker must consider all relevant considerations, including the applicant's subjective claims, and that a failure to do so constitutes a jurisdictional error.

The court ordered that the decision of the Minister be set aside and remitted to the Minister for redetermination according to law.