SZTEQ v Minister for Immigration

The applicant, SZTEQ, sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse her application for a protection visa. The core of the dispute concerned whether the Tribunal had erred in its assessment of SZTEQ's claims for protection, particularly in relation to the concept of complementary protection and compliance with procedural fairness requirements under the *Migration Act 1958* (Cth).

The primary legal issues before the court were whether the Tribunal had committed jurisdictional error by misapplying the test for complementary protection and whether it had breached section 424A of the *Migration Act 1958* by failing to provide SZTEQ with adequate notice of adverse information that was to be considered in its decision-making process.

Justice Cameron found that the Tribunal had indeed committed jurisdictional error. The Tribunal's assessment of complementary protection was found to be flawed because it failed to properly consider the relevant criteria and the potential for harm that SZTEQ might face. Furthermore, the court determined that the Tribunal had breached section 424A of the *Migration Act 1958* by not affording SZTEQ a reasonable opportunity to respond to adverse information that was material to the Tribunal's decision.

The court ordered that the decision of the Refugee Review Tribunal be set aside.