Park Oh Ho v Minister for Immigration and Ethnic Affairs

The applicant, Park Oh Ho, sought judicial review of a decision by the Minister for Immigration and Ethnic Affairs to refuse his application for a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by the Migration Act 1958 (Cth). The matter came before the High Court of Australia.

The central legal issue before the High Court was the proper interpretation and application of the "well-founded fear" test under the Migration Act. Specifically, the Court had to determine the standard of proof required for an applicant to establish such a fear and the nature of the assessment the decision-maker should undertake when evaluating the applicant's claims.

The High Court held that the "well-founded fear" test requires an assessment of whether there is a real chance of persecution. This assessment involves considering the subjective fear of the applicant and the objective circumstances. The Court clarified that the fear need not be more probable than not, but it must be more than a mere possibility. The decision-maker must consider all the evidence, including the applicant's testimony and any country information, to determine if the fear is objectively reasonable. The Court found that the Minister's delegate had failed to properly assess the applicant's claims in accordance with this standard.