Mzaly (BY His Litigation Guardian) v Minister for Immigration

This matter concerned an application for judicial review brought by Mzaly, a minor, by his litigation guardian, against the Minister for Immigration. The dispute centred on the Minister's decision to refuse to grant Mzaly a protection visa. The application was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's delegate had erred in law in failing to consider, or adequately consider, Mzaly's claims for protection under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). Specifically, the Court was asked to determine if the delegate had properly assessed the risk of persecution Mzaly might face upon return to his country of origin, having regard to the evidence before them.

Judge Hartnett found that the delegate had failed to properly consider a crucial piece of evidence relating to Mzaly's specific circumstances and the potential harm he could face. The Court applied the principles of administrative law, emphasizing the duty of a decision-maker to consider all relevant evidence and to provide adequate reasons for their decision. The delegate's failure to engage with this particular evidence meant that the decision was vitiated by an error of law.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for reconsideration according to law.