SZSSU v Minister for Immigration & Border Protection

The applicant, SZSSU, sought judicial review of a decision made by the Minister for Immigration and Border Protection. The dispute concerned the Minister's decision to refuse to grant SZSSU a protection visa. The application was heard by Emmett J of the Federal Court of Australia.

The central legal issue before the Court was whether the Minister's delegate had erred in law by failing to consider relevant evidence when assessing SZSSU's claim for a protection visa. Specifically, the Court was asked to determine if the delegate had adequately considered the evidence relating to the applicant's fear of persecution in their country of origin, and whether this assessment was conducted in accordance with the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

Emmett J found that the delegate had failed to properly consider crucial evidence presented by SZSSU, which was relevant to the assessment of their protection claims. The Court applied the principles of administrative law, emphasizing that a decision-maker must consider all relevant evidence before them. The failure to do so constituted an error of law, as it meant the delegate had not undertaken a proper assessment of the applicant's case as required by the legislation.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for redetermination according to law.