MIMA v Khawar

The case of *MIMA v Khawar* concerned an appeal to the High Court of Australia by the Minister for Immigration and Multicultural Affairs (MIMA) against a decision of the Federal Court of Australia. The dispute centred on the Minister's decision to refuse to grant a protection visa to Mr. Khawar, a citizen of Pakistan. Mr. Khawar had claimed he feared persecution in Pakistan due to his membership of a particular religious minority group.

The primary legal issue before the High Court was whether the Minister, in assessing Mr. Khawar's claim for a protection visa, had adequately considered the risk of persecution arising from his membership of a particular religious group. Specifically, the court had to determine if the Minister's assessment had given sufficient weight to the evidence presented regarding the general situation of that religious minority in Pakistan and the potential for individual targeting.

Gleeson CJ and Gaudron J, in their joint judgment, found that the Minister's assessment had failed to properly consider the evidence. They reasoned that the Minister was required to assess the real chance of persecution, not merely the objective likelihood. The court emphasised that the Minister's decision-making process must be informed by all relevant information, including the general country information and the specific circumstances of the applicant. They concluded that the Minister had not adequately discharged this duty, leading to an error in the assessment of Mr. Khawar's protection claim.

The High Court allowed the appeal, setting aside the decision of the Federal Court and remitting the matter to the Minister for reconsideration according to law.