Jajo v MIBP

The applicant, Jajo, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (MIBP) to refuse to grant a protection visa. The dispute concerned whether Jajo 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 matter came before Judge Emmett of the Federal Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law in their assessment of Jajo's claims for protection. Specifically, the Court was required to determine if the delegate had failed to properly consider all relevant evidence, including country information and Jajo's personal circumstances, when assessing the risk of persecution. The Court also considered whether the delegate had applied the correct legal test for establishing a well-founded fear.

Judge Emmett found that the delegate had made an error of law by failing to adequately consider certain country information that was relevant to Jajo's claims. The Court reiterated the principle that a delegate must engage with and assess all relevant evidence, including country information, and explain why it does or does not support an applicant's claims. The failure to do so meant that the delegate's decision was not based on a proper consideration of the evidence and the applicable legal criteria. The Court accordingly set aside the decision of the Minister.