SZOQQ v Minister for Immigration and Citizenship & Anor

The applicant, SZOQQ, sought judicial review of a decision by the Minister for Immigration and Citizenship to refuse to grant a protection visa. The dispute concerned the applicant's claims for protection based on a fear of persecution in their country of origin. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Refugee Convention and the Migration Act 1958 (Cth) required the Minister to consider, in the context of a protection visa application, the possibility that the applicant might be able to obtain protection from another country. Specifically, the court had to determine if the concept of "effective protection" encompassed the availability of protection from a third country.

The High Court held that the obligation to provide protection under the Refugee Convention and the Migration Act is a domestic obligation owed by Australia. The availability of protection from a third country is not a factor that can negate Australia's obligation to assess and, if necessary, provide protection. The court reasoned that the Convention and the Act impose a direct obligation on Australia to protect individuals who meet the criteria for a refugee, and this obligation is not discharged by the mere possibility of protection elsewhere. The court emphasised that the assessment of whether a person is a refugee is to be made by reference to the laws and circumstances of the country from which protection is sought.

The High Court ordered that the application for judicial review be dismissed.