SZTES v MIBP

The applicant, SZTES, sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse his application for a protection visa. The core of the dispute concerned allegations that the Tribunal's decision was affected by jurisdictional error.

The court was required to determine whether the Tribunal had taken irrelevant considerations into account, failed to consider all aspects of the applicant's claims, and misapplied section 36(2B)(c) of the *Migration Act 1958* (Cth). These alleged errors formed the basis of the applicant's claim that the Tribunal's decision was legally flawed.

Judge Cameron found that the Tribunal had indeed made a jurisdictional error. The Tribunal had failed to adequately consider the applicant's claims regarding his fear of persecution, particularly in relation to the specific circumstances he described. The court determined that the Tribunal had not properly engaged with the evidence presented by the applicant, leading to a misapplication of the relevant provisions of the *Migration Act*. Consequently, the Tribunal's decision was set aside.