Hasnat v Minister for Immigration and Border Protection

The Federal Court of Australia heard an application for judicial review brought by Mr Hasnat against the Minister for Immigration and Border Protection. Mr Hasnat sought to challenge the decision of the Minister to refuse his application for a Protection visa.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law by failing to consider, or adequately consider, the evidence of past persecution and the risk of future persecution that Mr Hasnat claimed to have suffered and would suffer if returned to his country of origin. Specifically, the Court was asked to determine if the delegate's assessment of the evidence was reasonable and whether it comported with the requirements of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

Justice Raphael found that the delegate had failed to properly assess the evidence presented by Mr Hasnat regarding his claims of past and future persecution. The Court reasoned that the delegate’s assessment was superficial and did not engage with the substance of the evidence, particularly concerning the specific circumstances of the alleged persecution and the credibility of the applicant. The Court reiterated the principle that a decision-maker must genuinely consider all relevant evidence and provide reasons that adequately explain the assessment of that evidence, especially when assessing claims of persecution under the refugee convention.

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