SZQNQ v Minister for Immigration

The applicant, SZQNQ, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). The matter came before Judge Street of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in their assessment of the applicant's claims for protection, specifically in relation to the credibility of the applicant's account and the assessment of the risk of harm should the applicant be returned to their country of origin. The Court was required to determine if the delegate's findings were supported by the evidence and whether the correct legal principles had been applied in assessing the applicant's fear of persecution.

Judge Street's reasoning focused on the delegate's assessment of the applicant's credibility. The Court found that the delegate had failed to adequately consider certain aspects of the applicant's evidence, particularly in relation to inconsistencies that were not material to the core of the applicant's claims. The Court reiterated the principle that a protection claim should not be rejected solely on the basis of minor or insignificant inconsistencies, especially where the overall narrative remains credible. The delegate's assessment of the risk of harm was also found to be flawed due to an insufficient consideration of country information relevant to the applicant's specific circumstances.

The Court set aside the decision of the Minister and remitted the application for a protection visa to the Minister for reconsideration according to law.