SZSKV v Minister for Immigration

The applicant, SZSKV, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs 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 primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate of the Minister had erred in their assessment of the applicant's claims regarding past persecution and the real chance of future persecution. Specifically, the court had to consider whether the delegate had adequately assessed the evidence presented by the applicant and applied the correct legal principles in determining the credibility of the applicant's account and the objective reasonableness of their fear.

Judge Raphael found that the delegate had failed to properly consider certain key pieces of evidence relating to the applicant's alleged experiences of persecution. The court reiterated the principle that a delegate must engage with all relevant evidence, even if it is not determinative, and that a failure to do so can lead to an error of law. The delegate's assessment was found to be based on an incomplete and therefore flawed understanding of the applicant's circumstances, meaning the ultimate decision was vitiated by jurisdictional error.

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