SZTOO v MIBP

The applicant, SZTOO, sought judicial review of a decision made by the Minister for Immigration and Border Protection (MIBP) to refuse to grant a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa under the *Migration Act 1958* (Cth). The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the delegate of the Minister had erred in law in their assessment of the applicant's claims for protection. Specifically, the court was required to determine if the delegate had failed to properly consider the evidence presented by the applicant, including their fear of persecution in their country of origin, and whether the delegate had applied the correct legal test in assessing the risk of harm.

Judge Nicholls found that the delegate had made an error of law by failing to adequately consider all relevant aspects of the applicant's claims and by applying an incorrect standard in assessing the likelihood of harm. The court reiterated the principles that a delegate must consider all evidence before them and must assess the risk of harm based on the objective circumstances and the applicant's subjective experience. The delegate's decision was found to be affected by jurisdictional error.

The court set aside the delegate's decision and remitted the application for a protection visa to the Minister for redetermination according to law.