Singh v Minister for Immigration

Singh (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant him a visa. The applicant had applied for a Protection Visa (Class XA) under s 36 of the *Migration Act 1958* (Cth). The Minister's delegate had refused the application, finding that the applicant did not meet the criteria for a Protection Visa. The applicant contended that the delegate's decision was affected by jurisdictional error.

The primary legal issue before the Federal Circuit Court was whether the delegate's decision to refuse the Protection Visa application was vitiated by jurisdictional error. Specifically, the court was required to determine if the delegate had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing the applicant's claims for protection under the *Migration Act* and the *1951 Convention relating to the Status of Refugees* (as amended).

Judge Street found that the delegate had failed to properly consider the applicant's claims regarding past persecution and the real chance of future persecution in his country of origin. The delegate's assessment was found to be superficial and did not engage with the detailed evidence provided by the applicant. The court reiterated the principle that a decision-maker must genuinely consider all relevant evidence and submissions put before them. Failure to do so constitutes a failure to exercise the power conferred by the legislation, thereby amounting to jurisdictional error.

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