Okeke v Minister for Immigration (No.2)

This matter concerned an application for judicial review brought by Mr Okeke against the Minister for Immigration. Mr Okeke sought to challenge the lawfulness of a decision made by the Minister to refuse his application for a protection visa. The case was heard by Judge Street in the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the Minister's decision to refuse the protection visa application was affected by jurisdictional error. Specifically, the Court was required to determine if the delegate of the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing Mr Okeke's claims for protection.

Judge Street found that the delegate had failed to adequately consider the evidence presented by Mr Okeke regarding his fear of persecution. The delegate's assessment was found to be superficial and did not engage with the specific details of Mr Okeke's claims, thereby failing to satisfy the requirements of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The Court applied the principles of administrative law concerning the duty to afford procedural fairness and the requirement for decision-makers to genuinely consider all relevant evidence.

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