SZSIA v Minister for Immigration

The applicant, SZSIA, sought judicial review of a decision by the Refugee Review Tribunal (Tribunal) to refuse her application for a protection visa. The Minister for Immigration was the respondent. The core of the dispute concerned allegations that the Tribunal's decision was affected by jurisdictional error.

The court was required to determine whether the Tribunal had misapplied section 98 of the *Migration Act 1958* (Cth), failed to undertake particular enquiries, and denied the applicant a fair hearing. Additionally, the court considered whether the primary decision-maker had denied the applicant natural justice.

Justice Cameron found that the Tribunal had made a jurisdictional error by failing to adequately consider the applicant's claims regarding her fear of persecution. The Tribunal's assessment of the evidence was found to be superficial and did not engage with the specific details of the applicant's account, particularly in relation to her alleged experiences and the potential for future harm. The court applied the principles of administrative law concerning the duty of an administrative decision-maker to undertake sufficient enquiries and to provide a fair hearing, noting that a failure to properly consider relevant evidence can amount to jurisdictional error.

The application for judicial review was upheld, and the Tribunal's decision was set aside.