SZSRR v Minister for Immigration

The applicant, SZSRR, sought judicial review of a decision made by the Administrative Appeals Tribunal. The Minister for Immigration was the respondent. The core of the dispute concerned whether the Tribunal had breached sections 424A or 424AA of the *Migration Act 1958* (Cth) and whether it had posed the correct question in its deliberations.

The primary legal issue before the Federal Court was whether the Tribunal erred in its application of the correct legal test, specifically whether it applied a balance of probabilities test when it should have applied a "real chance" test. This question arose in the context of the applicant's claims before the Tribunal.

Justice Nicholls found that the grounds of review raised by the applicant had no reasonable prospects of success. The Court determined that the Tribunal had not asked itself the wrong question and had correctly applied the relevant legal standard. Consequently, the application for leave to amend the originating application, which sought to introduce new grounds that also lacked reasonable prospects of success, was refused. The application was therefore dismissed.