SZSSZ v Minister for Immigration (No.2)

The applicant, SZSSZ, sought judicial review of a decision by the Minister for Immigration to reject a protection visa application as invalid due to the applicant having made repeated visa applications. The matter came before Driver J of the Federal Court of Australia.

The central legal issue before the Court was whether the applicant had an arguable case of jurisdictional error in relation to the decision to reject the protection visa application as invalid. This involved considering whether the delegate's decision was vitiated by a failure to afford procedural fairness or any other form of jurisdictional error.

Driver J found that the applicant had not established an arguable case of jurisdictional error. The Court reasoned that the delegate's decision was based on the applicant's history of making multiple visa applications, which was a relevant consideration under the *Migration Act 1958* (Cth) and associated regulations. The Court concluded that the applicant had been afforded procedural fairness, as they were given an opportunity to respond to the concerns raised by the delegate. Consequently, the Court dismissed the application for judicial review.