Plaintiff M7/2021 v Minister for Home Affairs

This matter came before the High Court of Australia between Plaintiff M7/2021 and the Minister for Home Affairs. The plaintiff sought judicial review of a decision made by a delegate of the Minister to refuse to grant a protection visa. The core of the dispute concerned the delegate's finding that the plaintiff had fabricated his claim to be a homosexual man and had concocted an elaborate story to enhance his visa application.

The legal issues before the Court included whether the delegate's decision was affected by a denial of procedural fairness, specifically concerning the use of "open source social media" material. The plaintiff argued that this material, which formed part of the adverse information considered by the delegate, was not adequately provided to the applicant or his representatives. Further issues related to the reasonableness of the delegate's findings and whether the delegate had properly considered all relevant evidence, including the plaintiff's experiences as a homosexual man in Pakistan.

The plaintiff's submissions focused on the delegate's reliance on social media analysis, arguing that while some material, such as a photograph, may have been shown to the applicant during an interview, other related photographs and information were not. This, it was contended, amounted to a failure to provide particulars of adverse information as required by section 57 of the *Migration Act 1958* (Cth). The plaintiff submitted that the delegate's ultimate finding of fabrication was not adequately supported by the evidence presented and that the delegate had not clearly articulated the basis for this conclusion, particularly in relation to other evidence beyond the social media analysis. The Court was also asked to consider whether the delegate's interpretation of the social media information, suggesting the plaintiff led a "normal life" in Pakistan, was reasonable in the context of the applicant's claim of persecution.