SZSNX v Minister for Immigration and Anor (No.2)

The applicant, SZSNX, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which refused to grant a protection visa. The applicant claimed a fear of harm if returned to Sri Lanka, but the AAT had disbelieved the applicant in critical respects and found other claimed fears to be not well-founded. The matter came before Judge Driver in the Federal Circuit and Family Court of Australia.

The central legal issues before the Court were whether the AAT had overlooked cogent evidence, breached section 425 of the *Migration Act 1958* (Cth), or otherwise fallen into jurisdictional error in its assessment of the applicant's claims and its refusal of the protection visa.

Judge Driver found that the AAT had not committed jurisdictional error. The Tribunal's decision demonstrated that it had considered the evidence presented by the applicant, including the cogent evidence, and had provided adequate reasons for its findings. The Court concluded that the AAT had not breached section 425 of the *Migration Act* and that its findings were open to it on the evidence before it.

The application for judicial review was dismissed.