SZTMQ v Minister for Immigration and Anor

The applicant, SZTMQ, sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse his application for a protection visa. The Minister for Immigration and Border Protection was the respondent. The core of the dispute concerned whether the Tribunal had correctly applied the criteria for granting a protection visa on complementary protection grounds.

The central legal issue before the court was whether the Tribunal had committed a jurisdictional error by misapplying the complementary protection test as set out in the *Migration Act 1958* (Cth). This required the court to consider the content and application of the criteria for a protection visa under these specific grounds.

Judge Cameron found that the Tribunal had indeed misapplied the complementary protection test. The reasoning focused on the Tribunal's failure to properly assess the real chance of the applicant suffering harm, a key element of the complementary protection framework. The court applied the principles governing the assessment of risk and the interpretation of the relevant legislative provisions concerning protection visas.

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