MZAQW v Minister for Immigration

The applicant, MZAQW, sought judicial review of a decision made by the Minister for Immigration, which affirmed a decision to refuse to grant a protection visa. The dispute concerned the Minister's assessment of the applicant's claims for protection. The matter came before Judge Riethmuller of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister's decision was affected by jurisdictional error. Specifically, the Court was required to determine if the Minister had failed to adequately consider or properly assess the applicant's claims regarding past persecution and the risk of future persecution in their country of origin, as required by the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

Judge Riethmuller found that the Minister's delegate had failed to properly consider the applicant's evidence concerning the specific circumstances of their past persecution, including the alleged actions of state agents. The Court reasoned that a failure to engage with and assess the substance of such evidence, particularly where it directly related to the grounds for seeking protection, constituted a failure to exercise the power conferred by the legislation according to its terms. This failure amounted to jurisdictional error.

Consequently, the Court ordered that the Minister's decision be set aside and remitted to the Minister for redetermination according to law.