SZTNE v Minister for Immigration & Border Protection

SZTNE, the applicant, sought judicial review of a decision by the Minister for Immigration and Border Protection, the respondent, to refuse to grant a protection visa. The dispute concerned the applicant's claims for protection based on a fear of persecution in their country of origin. The matter came before Emmett J of the Federal Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law by failing to consider, or adequately consider, all the evidence before them when assessing the applicant's claims for protection. Specifically, the Court was asked to determine if the delegate had applied the correct legal test in evaluating the applicant's subjective fear and the objective reasonableness of that fear, having regard to the country information available.

Emmett J found that the delegate had failed to properly consider a significant portion of the evidence presented by the applicant, including their personal statement and supporting documents. The Court held that a failure to consider relevant evidence constitutes an error of law, as it prevents the decision-maker from undertaking the comprehensive assessment required by the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The delegate's decision was therefore vitiated by this error.

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