SZSWK v Minister for Immigration

The applicant, SZSWK, 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 the Minister's assessment of whether SZSWK would be a person to whom Australia has protection obligations under the *Migration Act 1958* (Cth). The matter came before Lloyd-Jones J of the Federal Court of Australia.

The central legal issue before the Court was whether the delegate of the Minister had erred in law by failing to consider, or adequately consider, the evidence relating to the applicant's alleged fear of persecution by non-state actors in their country of origin. Specifically, the Court was asked to determine if the delegate's assessment of the risk of harm from these non-state actors was reasonable and based on a proper understanding of the evidence presented.

Lloyd-Jones J reasoned that the delegate's decision-making process had failed to properly engage with the evidence concerning the risk posed by non-state actors. The Court applied the principles of administrative law, emphasizing that a decision-maker must consider all relevant evidence and provide reasons that adequately explain the basis for their findings. The delegate's reasons did not demonstrate a sufficient consideration of the specific threats alleged by the applicant from these groups, leading to an apprehension that the delegate had not properly assessed the risk of persecution.

The Court found that the delegate's decision was affected by an error of law. Consequently, Lloyd-Jones J set aside the decision of the Minister and remitted the application for a protection visa to the Minister for reconsideration according to law.