Wang v Minister for Immigration

In *Wang v Minister for Immigration*, the applicant, Mr. Wang, sought judicial review of a decision by the Minister for Immigration to refuse his application for a Protection Visa (Class 866). The dispute centred on whether Mr. Wang had established a well-founded fear of persecution for reasons of his imputed political opinion in his country of origin.

The primary legal issue before Driver J was whether the delegate of the Minister had erred in law by failing to properly consider and assess the evidence relating to Mr. Wang's imputed political opinion. Specifically, the court was asked to determine if the delegate had applied the correct legal test for establishing a well-founded fear of persecution, particularly in circumstances where the persecution feared was based on an imputed political opinion rather than a directly held one.

Driver J found that the delegate had made an error of law by failing to adequately consider the evidence concerning the alleged persecution of Mr. Wang's brother, which was central to the claim of imputed political opinion. The court reiterated the principle that a fear of persecution can be well-founded even if it is based on an imputed political opinion, provided there is a real chance that the applicant will be persecuted for that imputed opinion. The delegate's assessment was found to be deficient in its analysis of how the events affecting the brother could lead to a well-founded fear for Mr. Wang.

Consequently, Driver J set aside the decision of the Minister and remitted the application for a Protection Visa to the Minister for redetermination according to law.