SZEGE v MIMA & Anor

The applicants, SZEGE and MIMA, sought judicial review of a decision made by the Minister for Immigration and Multicultural Affairs (MIMA) to refuse their applications for a protection visa. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister's decision to refuse the protection visa applications was affected by an error of law, specifically concerning the proper application of the non-refoulement obligations under international law, as incorporated into Australian domestic law by the *Migration Act 1958* (Cth). The applicants contended that the Minister failed to properly consider their claims for protection in accordance with Australia's obligations under the *Convention relating to the Status of Refugees* (1951) and its Protocol.

The High Court considered the scope of the Minister's duty to assess claims for protection visas. Their Honours affirmed that the Minister must undertake a comprehensive assessment of the applicant's claims, including any fear of persecution, and determine whether there is a real chance that the applicant would suffer harm amounting to a breach of Australia's non-refoulement obligations if returned to their country of origin. The Court emphasised that this assessment must be undertaken with an objective and reasonable apprehension of the risk, rather than a mere possibility. The Court found that the Minister's decision had not been vitiated by an error of law.

The applications for judicial review were dismissed.