SZTMW v Minister for Immigration

The applicant, SZTMW, 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 the applicant would be a person to whom Australia has protection obligations under the *Migration Act 1958* (Cth).

The primary legal issue before the Federal Court was whether the delegate of the Minister had properly considered and assessed the applicant's claims of persecution, specifically in relation to the risk of harm from non-state actors and the applicant's ability to obtain protection from the authorities in their country of origin. The court was required to determine if the delegate's findings were supported by evidence and if the delegate had applied the correct legal principles in assessing the risk of harm.

Judge Driver found that the delegate had failed to adequately consider the evidence relating to the applicant's fear of harm from non-state actors and had not properly assessed the availability of effective protection from the authorities in the applicant's country of origin. The court applied the principles established in cases concerning the assessment of protection claims, emphasising the need for a thorough and evidence-based evaluation of the applicant's subjective fears and the objective realities of the situation in their home country. The delegate's decision was found to be affected by jurisdictional error.

The Federal Court set aside the decision of the Minister and remitted the application for a protection visa to the Minister for redetermination according to law.