Zhoory v Minister for Immigration

The applicant, Mr Zhoory, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant him a protection visa. The Minister's delegate had refused the application on the basis that the applicant's claims of persecution were not substantiated by sufficient evidence. The matter came before Judge Driver in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate's decision was affected by jurisdictional error. Specifically, the Court was asked to consider whether the delegate had failed to adequately assess the applicant's claims regarding his fear of persecution, and whether the delegate had failed to consider all relevant evidence in reaching their conclusion. The applicant argued that the delegate had made findings of fact that were not open to them on the evidence presented.

Judge Driver found that the delegate had indeed made jurisdictional error. The Court reasoned that the delegate had failed to properly engage with the applicant's evidence concerning his alleged fear of persecution, particularly in relation to the specific circumstances he described. The delegate's assessment was found to be superficial and did not adequately address the substance of the applicant's claims, thereby failing to discharge the duty to make a decision according to law. The Court applied the principles established in cases concerning the proper assessment of protection visa claims, emphasizing the need for a thorough and evidenced-based evaluation.

The Court ordered that the decision of the Minister's delegate be set aside and remitted to the Minister for redetermination according to law.