Marku v The Republic of Albania and Anor; Marku v The Republic of Albania

The applicants, Mr. Marku and another, sought to appeal decisions of the Federal Court of Australia concerning their applications for protection visas. The respondents were the Republic of Albania and the Minister for Immigration and Border Protection. The core of the dispute involved the applicants' claims of persecution in Albania and the lawfulness of the decisions to refuse their protection visa applications. The matter came before the High Court of Australia.

The High Court was required to determine whether the Federal Court had erred in its interpretation and application of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) in relation to the assessment of protection claims. Specifically, the court considered the proper approach to assessing whether a person holds a well-founded fear of persecution and the evidentiary standards required to establish such a fear. The appeals also raised questions about the scope of judicial review in migration matters.

Kiefel and Bell JJ, in their joint judgment, affirmed the principles governing the assessment of protection claims. They reiterated that the assessment involves a consideration of the objective circumstances in the applicant's country of origin and the subjective fear of the applicant. The court emphasised that the ultimate question is whether, on the balance of probabilities, the applicant has a well-founded fear of persecution. The judges found no error in the Federal Court's application of these principles to the facts of the case, concluding that the Federal Court had correctly applied the relevant legal tests.

The High Court dismissed the applications for special leave to appeal.