SZSNU v Minister For Immigration and Anor (No.2)

This matter concerned an application for judicial review brought by SZSNU against the Minister for Immigration and Border Protection and the Australian Security Intelligence Organisation (ASIO). The applicant sought to challenge the lawfulness of ASIO's decision to issue a "negative assessment" under section 35 of the *Australian Security Intelligence Organisation Act 1979* (Cth) (the ASIO Act). The application was heard in the Federal Court of Australia.

The central legal issue before the Court was whether the decision of ASIO to issue a negative assessment, which had the effect of preventing the applicant from obtaining a visa, was vitiated by jurisdictional error. Specifically, the Court was required to determine if ASIO had failed to consider relevant considerations or had taken into account irrelevant considerations when making its assessment, thereby breaching the requirements of procedural fairness or the *Administrative Decisions (Judicial Review) Act 1977* (Cth).

Judge Manousaridis found that ASIO's assessment process, as disclosed in the evidence, did not demonstrate a failure to consider relevant matters or the consideration of irrelevant matters. The Court was satisfied that ASIO had undertaken a proper assessment in accordance with its statutory obligations. Consequently, the Court concluded that there was no jurisdictional error in ASIO's decision-making process. The application for judicial review was therefore dismissed.