SZSQG v Minister for Immigration

The applicant, SZSQG, 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 Court was whether the Refugee Review Tribunal (RRT) had erred in its assessment of the applicant's claims. Specifically, the court considered whether the RRT had failed to adequately consider all relevant evidence, including the applicant's subjective fear and the objective country information, when determining if the applicant would be at real risk of harm if returned to their country of origin. The court also examined whether the RRT had applied the correct legal test for establishing a well-founded fear of persecution.

Judge Barnes found that the RRT had failed to properly assess the applicant's subjective fear and had not given sufficient weight to certain documentary evidence. The court reiterated the principle that a well-founded fear requires both a subjective component (the applicant genuinely fears persecution) and an objective component (there are real and substantial grounds for that fear). The RRT's decision was found to be affected by jurisdictional error due to its inadequate consideration of these elements.

The Federal Court set aside the RRT's decision and remitted the matter to the RRT for redetermination according to law.