HU v Minister for Immigration

The applicant, HU, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). The matter came before Judge Smith 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 the applicant's claims, specifically in relation to the credibility of the applicant's account and the assessment of the risk of harm should the applicant be returned to their country of origin. The Court was required to determine if the delegate's findings were supported by the evidence and whether the correct legal principles had been applied in assessing the risk of persecution.

Judge Smith found that the delegate had failed to adequately consider certain aspects of the applicant's evidence, particularly concerning the specific nature of the threats faced and the applicant's subjective fear. The Court applied the principles established in *Minister for Immigration and Ethnic Affairs v Teoh* and *Applicant V* regarding the assessment of credibility and the evaluation of risk, emphasizing the need for a holistic and balanced approach. The delegate's decision was found to be affected by jurisdictional error due to this failure to properly consider relevant evidence and apply the correct legal standard.

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