Narendran v Minister for Immigration

In *Narendran v Minister for Immigration*, the applicant, Mr Narendran, sought judicial review of a decision by the Minister for Immigration to refuse his application for a Protection visa. The dispute centred on whether the Minister had adequately considered the applicant's claims of persecution in his home country.

The primary legal issue before Dowdy J was whether the Minister's delegate had failed to properly consider the applicant's claims of past persecution and the real chance of future persecution, as required by the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). Specifically, the court had to determine if the delegate's assessment of the evidence was reasonable and whether the delegate had applied the correct legal test for establishing a real chance of future persecution.

Dowdy J found that the delegate had failed to adequately consider the applicant's evidence regarding past persecution and had applied an incorrect legal standard when assessing the risk of future persecution. The delegate's reasoning was found to be illogical and not supported by the evidence presented. Consequently, the delegate's decision was set aside. The matter was remitted to the Minister for redetermination according to law.