SZSSC v Minister for Immigration

The applicant, SZSSC, 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 matter came before Judge Raphael of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Refugee Tribunal's (now the Administrative Appeals Tribunal) assessment of the applicant's claims was affected by an error of law. Specifically, the Court was required to determine if the Tribunal had failed to adequately consider the applicant's subjective fear and the objective country information relevant to their claim for protection.

Judge Raphael found that the Tribunal had made a jurisdictional error by failing to properly consider the applicant's subjective fear of persecution. The Court reasoned that the Tribunal had not adequately engaged with the applicant's evidence regarding their experiences and the potential consequences they faced upon return to their country of origin. The legal principle applied was that a decision-maker must genuinely consider all relevant evidence, both subjective and objective, when assessing a claim for a protection visa. The Court concluded that the Tribunal's failure to do so vitiated its decision.

The Court ordered that the decision of the Administrative Appeals Tribunal be set aside and remitted to the Tribunal for redetermination according to law.