JABAR v Minister for Immigration

The applicant, Jabar, sought judicial review of a decision made by the Minister for Immigration, which affirmed a decision to refuse to grant a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by the *Migration Act 1958* (Cth).

The primary legal issue before the court was whether the Refugee Review Tribunal (RRT) had erred in its assessment of the applicant's claims. Specifically, the court considered whether the RRT had failed to adequately consider all relevant evidence, including the applicant's personal circumstances and the general country information pertaining to the alleged persecution. The court also examined whether the RRT's adverse credibility findings against the applicant were reasonably open to it.

Judge Raphael found that the RRT had failed to properly engage with the applicant's evidence regarding his fear of persecution. The Tribunal's adverse credibility findings were not adequately supported by the reasons provided, and it did not sufficiently explain why it preferred certain evidence over others. Consequently, the court concluded that the RRT's decision was affected by jurisdictional error. The application for judicial review was therefore granted.