SZBQV & Ors v MIAC

The applicants, SZBQV and others, sought judicial review of decisions made by the Migration and Citizenship Department (MIAC) concerning their applications for protection visas. The core of the dispute revolved around the lawfulness of MIAC's decisions to refuse these applications, with the applicants alleging that the delegate had failed to properly consider relevant information and had made findings that were not supported by evidence. The matter was heard by Hayne and Crennan JJ of the High Court of Australia.

The High Court was required to determine whether the delegate's decision-making process, in refusing the protection visa applications, had been affected by jurisdictional error. Specifically, the court had to consider whether the delegate had failed to undertake the assessment required by section 47 of the *Migration Act 1958* (Cth) and Regulation 2.21 of the *Migration Regulations 1994* (Cth), which mandate the consideration of all information provided by the applicant. The applicants contended that the delegate had made adverse findings against them without adequate evidentiary basis and had failed to give proper consideration to their claims of persecution.

In their reasoning, Hayne and Crennan JJ applied the principles of administrative law concerning jurisdictional error. Their Honours emphasised that a failure to consider relevant information or the making of findings unsupported by evidence can constitute a jurisdictional error, rendering a decision invalid. The court found that the delegate had indeed made findings of fact that were not open on the evidence before them, and had failed to properly assess the credibility of the applicants' claims in accordance with the statutory requirements. This failure to properly assess the evidence and make findings open on the facts amounted to a jurisdictional error.

Consequently, the High Court found that the decisions of MIAC were affected by jurisdictional error and ordered that the applications be remitted to the Minister for reconsideration according to law.