SZBFD v MIMIA

The Full Federal Court heard an appeal in *SZBFD v MIMIA*, concerning a challenge to a decision of the Minister for Immigration and Multicultural and Indigenous Affairs. The applicant, SZBFD, sought judicial review of the Minister's decision to refuse to grant a protection visa. The core of the dispute revolved around whether the Minister had adequately considered the applicant's claims of persecution.

The primary legal issue before the Full Federal Court was whether the Minister, in assessing the applicant's claims for a protection visa, had failed to take into account relevant considerations or had taken into account irrelevant considerations, thereby breaching the *Migration Act 1958* (Cth). Specifically, the court had to determine if the Minister's delegate had properly considered the applicant's fear of persecution based on their membership of a particular social group and their political opinion.

The court's reasoning focused on the principles of administrative law, particularly the duty to consider all relevant material. Kirby and Heydon JJ held that the delegate's assessment had, in parts, failed to engage with the specific evidence presented by the applicant regarding the alleged persecution. They found that the delegate had not adequately considered the applicant's subjective fear and the objective circumstances supporting that fear, particularly in relation to the alleged persecution by non-state actors. The court reiterated that a decision-maker must not only acknowledge but also genuinely consider the evidence put forward by an applicant.

The Full Federal Court allowed the appeal, setting aside the decision of the Minister and remitting the application for a protection visa to the Minister for reconsideration according to law.