SZSUY v Minister for Immigration & Anor

The applicant, SZSUY, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs, and the second respondent, the Administrative Appeals Tribunal (AAT), to refuse to grant a protection visa. The dispute concerned the applicant's claims of persecution in their country of origin.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law in its assessment of the applicant's claims for protection. Specifically, the court was required to consider whether the AAT had failed to adequately consider all relevant evidence, including the applicant's subjective experiences and the objective country information, when making its decision. The court also considered whether the AAT had applied the correct legal test for assessing the risk of persecution.

Judge Driver found that the AAT had made a jurisdictional error by failing to adequately consider the applicant's subjective claims and by not properly engaging with the objective country information. The court held that the AAT must not only consider the evidence presented but also demonstrate that it has done so in its reasons for decision. The AAT's failure to properly assess the credibility of the applicant's claims and to provide adequate reasons for its findings constituted an error of law.

Consequently, the court set aside the AAT's decision and remitted the matter to the AAT for redetermination according to law.