Haq v Minister for Immigration

In *Haq v Minister for Immigration*, the applicant, Mr Haq, sought judicial review of a decision by the Minister for Immigration to refuse his application for a protection visa. The dispute concerned whether Mr Haq had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). The matter came before Judge Nicholls of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in their assessment of Mr Haq's claims, specifically concerning the credibility of his account and the assessment of the risk of harm he faced upon return to his country of origin. The Court was required to determine if the delegate had properly considered all relevant evidence and applied the correct legal standards in refusing the protection visa.

Judge Nicholls found that the delegate had failed to adequately consider certain aspects of Mr Haq's evidence, particularly in relation to the alleged persecution he feared. The Court applied the principles established in *Minister for Immigration and Ethnic Affairs v Teoh* and subsequent case law, which require a thorough and fair consideration of all evidence presented by an applicant for protection. The delegate's assessment was found to be deficient in its evaluation of the subjective fear of the applicant and the objective likelihood of harm.

Consequently, the Court quashed the decision of the Minister and remitted the application for a protection visa to the Minister for reconsideration according to law.