Yao v Minister for Immigration

In *Yao v Minister for Immigration*, the applicant, Mr. Yao, sought judicial review of a decision by the Minister for Immigration to refuse his application for a protection visa. The dispute centred on whether Mr. Yao had established a well-founded fear of persecution for a Convention reason.

The Federal Court was required to determine whether the delegate's assessment of Mr. Yao's claims was affected by jurisdictional error. Specifically, the court considered whether the delegate had failed to properly assess the subjective and objective elements of Mr. Yao's fear of persecution, and whether the delegate had adequately considered the country information relevant to his claims.

Judge Smith found that the delegate had made a jurisdictional error by failing to properly assess the evidence presented by Mr. Yao in relation to his fear of persecution. The delegate had not adequately considered the subjective component of Mr. Yao's fear, nor had they properly engaged with the objective evidence that supported his claims. The court applied the principles established in *Kaur v Minister for Immigration and Ethnic Affairs* regarding the assessment of well-founded fear, emphasizing the need for a holistic and balanced consideration of all relevant evidence.

The court quashed the delegate's decision and remitted the application for a protection visa to the Minister for redetermination according to law.