SZTFP v Minister for Immigration

The applicant, SZTFP, sought judicial review of a decision made by the Minister for Immigration, which affirmed a decision of the Refugee Review Tribunal (RRT) to refuse protection. The core of the dispute concerned whether the RRT had adequately considered the applicant's claims of persecution and whether the Minister's delegate had properly exercised the non-compellable, non-discretionary power under s 48B of the *Migration Act 1958* (Cth) to allow the applicant to make a further application for a protection visa. The matter came before Judge Cameron of the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were: (1) whether the RRT had failed to consider relevant evidence or made findings that were not supported by evidence, thereby breaching the *Migration Act* and the *Administrative Decisions (Judicial Review) Act 1977* (Cth); and (2) whether the Minister's delegate had failed to properly consider the applicant's request for a s 48B visa, specifically whether the delegate had failed to exercise the power conferred by that section.

Judge Cameron found that the RRT had not failed in its duty to consider the applicant's claims, noting that the Tribunal had engaged with the evidence and provided reasons for its findings. Regarding the s 48B application, the Court determined that the Minister's delegate had indeed failed to exercise the power under s 48B. The delegate had treated the request as a matter of discretion that could be refused without consideration, rather than a power that was required to be considered and exercised. The Court held that the delegate's approach was erroneous in law, as the power under s 48B is non-compellable but not discretionary in the sense that it can be ignored.

The Court ordered that the decision of the Minister's delegate be set aside and remitted to the Minister for reconsideration according to law.