M60 v Minister for Immigration (No.2)

M60 from the Democratic Republic of Congo sought judicial review of a decision by the Minister for Immigration to refuse his application for a protection visa. The case was heard in the Federal Court of Australia. The applicant argued that the Minister had erred in failing to consider all relevant material and had not properly assessed his fear of persecution if returned to his home country.

The court had to determine whether the Minister had made an error of law in handling the applicant’s case, specifically whether the decision was legally flawed due to an omission of relevant material or incorrect application of the law. The court also needed to consider whether the Minister had failed to give proper weight to the applicant’s evidence and submissions.

The court found that the Minister’s decision was not legally flawed as it had considered all relevant material and appropriately assessed the applicant’s fear of persecution. The court was satisfied that the Minister had exercised his discretion correctly and that the decision was supported by substantial reasons. The court held that the applicant had not demonstrated a case for judicial review. The court ordered that the application to set aside the decision be dismissed and that the applicant pay the Minister’s costs of $1,500.