NAHAR v Minister for Immigration

The applicant, NAHAR, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant her a Protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for a reason specified in s 5(1) of the *Migration Act 1958* (Cth) (the Act). The matter came before Judge A Kelly of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in finding that the applicant had not established a well-founded fear of persecution for a reason specified in s 5(1) of the Act. This required the Court to consider whether the delegate had properly assessed the applicant's claims regarding her fear of persecution based on her imputed political opinion and her membership of a particular social group.

The Court's reasoning focused on the delegate's assessment of the applicant's credibility and the objective country information. Judge Kelly found that the delegate had failed to adequately consider certain aspects of the applicant's evidence and had not properly engaged with the available country information concerning the risk of persecution faced by individuals with imputed political opinions in the applicant's country of origin. The Court applied the principles established in cases concerning the assessment of well-founded fear, emphasizing the need for a holistic and balanced consideration of all relevant evidence.

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