SZHHK & Anor v MIMA & Anor

The applicants, SZHHK and another, sought judicial review of decisions made by the Minister for Immigration and Multicultural Affairs (MIMA) and another respondent. The dispute concerned the Minister's refusal to grant the applicants a protection visa.

The primary legal issue before the Full Federal Court was whether the Minister's delegate had erred in law by failing to consider, or adequately consider, certain evidence relating to the applicants' claims of persecution. Specifically, the court was required to determine if the delegate's assessment of the evidence was so unreasonable that no reasonable decision-maker could have reached it, thereby constituting jurisdictional error.

The Court found that the delegate had failed to properly engage with significant portions of the evidence presented by the applicants, particularly concerning their fear of persecution based on their membership of a particular social group. The judges applied the principles of administrative law, emphasizing that a decision-maker must genuinely consider all relevant evidence and provide reasons that reflect this consideration. The failure to do so amounted to a jurisdictional error.

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