SZTNT v Minister for Immigration & Border Protection

The applicant, SZTNT, sought judicial review of a decision made by the Refugee Review Tribunal (RRT). The core of the dispute concerned whether the RRT's decision was affected by jurisdictional error, specifically in its application of section 91R of the *Migration Act 1958* (Cth) and whether the RRT had asked itself the wrong question or denied the applicant procedural fairness.

The primary legal issue before the Court was whether the RRT had committed jurisdictional error in its assessment of the applicant's claim. This involved determining if the RRT had correctly applied the relevant legislative test under section 91R of the *Migration Act* and whether the RRT's approach to the evidence and the questions it posed to itself were legally sound. Additionally, the Court considered whether the applicant had been denied procedural fairness during the RRT's review process.

Emmett J found that the RRT had not erred in its application of section 91R of the *Migration Act* and had not asked itself the wrong question. His Honour concluded that the RRT had afforded the applicant procedural fairness and therefore had not committed jurisdictional error. Consequently, the application for judicial review was dismissed. The Court also refused the applicant's request for an adjournment, finding no utility in granting such an adjournment in the interests of justice.