SZQIF v Minister for Immigration

The applicant, SZQIF, sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse her application for a protection visa. The Minister for Immigration was the respondent. The applicant alleged that the Tribunal's decision was affected by jurisdictional error due to breaches of procedural fairness and specific provisions of the *Migration Act 1958* (Cth), namely sections 424AA, 424A, and 425.

The central legal issues before the court were whether the Tribunal committed jurisdictional error by failing to recall a witness for further clarification of her evidence, whether a written notice under section 424A of the *Migration Act* adequately remedied any deficiencies in oral notification under section 424AA, and whether the quality of interpretation services provided at the Tribunal hearing constituted a breach of the applicant's procedural rights. The court was also required to consider whether an incorrect interpretation of evidence would amount to a breach of section 425 of the *Migration Act* if it prevented the applicant from presenting determinative evidence or arguments.

Justice Cameron found that the Tribunal's failure to recall the witness for clarification, despite the applicant's request, constituted a denial of procedural fairness and a breach of section 424AA of the *Migration Act*. The court held that the written notice provided under section 424A did not cure this deficiency, as it did not provide the applicant with a meaningful opportunity to respond to the evidence in a way that would allow her to present her case effectively. Furthermore, the court determined that the poor quality of interpretation services rendered the hearing unfair and prevented the applicant from fully participating in the review process, thereby breaching section 425 of the *Migration Act*.

The court ordered that the decision of the Refugee Review Tribunal be set aside and remitted to the Tribunal for redetermination according to law.