MOKTAN v Minister for Immigration

The applicant, Moktan, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant him a protection visa. The Minister's delegate had refused the application on the basis that the applicant's claims of persecution were not substantiated by sufficient evidence. The applicant contended that the delegate's decision was affected by jurisdictional error.

The primary legal issue before the court was whether the delegate had failed to undertake a proper assessment of the applicant's claims, thereby committing jurisdictional error. Specifically, the court was asked to consider whether the delegate had adequately considered all the evidence presented by the applicant, including his personal circumstances and the country information relevant to his claims of persecution.

Judge Cameron found that the delegate had failed to properly consider crucial aspects of the applicant's evidence, particularly concerning his fear of persecution based on his membership of a particular social group. The delegate's assessment was found to be superficial and did not engage with the substance of the applicant's claims in a way that was required by the *Migration Act 1958* (Cth) and relevant case law. The court held that this failure constituted jurisdictional error.

The court ordered that the decision of the Minister be set aside and remitted to the Minister for redetermination according to law.