SZTLI v Minister for Immigration

The applicant, SZTLI, 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 SZTLI would be a person to whom Australia has protection obligations under the *Migration Act 1958* (Cth). The matter came before Driver 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 properly consider and assess the evidence relating to SZTLI's claims of persecution, specifically in relation to the risk of harm from non-state actors and the potential for internal relocation. The Court was required to determine if the delegate's adverse credibility findings were reasonably open on the evidence and if the delegate had adequately addressed the subjective fear of persecution articulated by SZTLI.

Driver J found that the delegate had failed to adequately engage with significant portions of SZTLI's evidence, particularly concerning the alleged threats and actions of specific individuals and groups within SZTLI's country of origin. The Court held that the delegate's adverse credibility findings were not adequately substantiated by the reasons provided, and that the delegate had not properly considered the practical realities and risks associated with internal relocation. Consequently, the delegate's decision was found to be affected by jurisdictional error.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for redetermination according to law.