IGS v IC and Anor M89/1998

This matter concerned an appeal to the High Court of Australia between IGS (the applicant) and IC and another (the respondents). The dispute arose from a decision of the Federal Court of Australia concerning the interpretation and application of certain provisions of the *Migration Act 1958* (Cth).

The High Court was required to determine whether the Federal Court had erred in its interpretation of the criteria for the grant of a protection visa, specifically in relation to the assessment of whether the applicant had a well-founded fear of persecution. The central legal issue was the proper application of the "real chance" test in assessing the likelihood of future persecution.

The Court analysed the relevant provisions of the *Migration Act* and international refugee law, including the Refugee Convention. Their Honours considered the nature of the evidence required to establish a well-founded fear and the standard of proof applicable. The reasoning focused on the objective assessment of the applicant's claims, requiring a consideration of all available evidence and the likelihood of future events, rather than mere possibility. The Court affirmed that the assessment must be based on a real chance of persecution, not a remote or fanciful one.

The High Court allowed the appeal, finding that the Federal Court had misapplied the legal test for assessing the likelihood of persecution. The matter was remitted to the Federal Court for redetermination in accordance with the principles laid down by the High Court.