SZSUV v Minister for Immigration

The applicant, SZSUV, sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse her application for a protection visa. The applicant alleged that the Tribunal's decision was affected by jurisdictional error.

The primary legal issues before the court were whether the Tribunal failed to ask the correct question in its assessment of the applicant's claims, whether the applicant was denied procedural fairness, and whether the Tribunal applied the correct evidentiary test in reaching its decision. The court also considered an application for an extension of time to bring the judicial review proceedings.

Justice Cameron found that the Tribunal had failed to ask the correct question in assessing the applicant's claims for protection, which constituted a jurisdictional error. The court reasoned that the Tribunal's approach did not adequately address the specific nature of the harm the applicant feared. Consequently, the court quashed the Tribunal's decision.