SZTOW v Minister for Immigration

SZTOW (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who is of Pakistani origin, claimed to fear persecution in Pakistan due to his alleged involvement with a political organisation. The respondent had refused the protection visa application on the basis that the applicant did not meet the criteria for a protection visa under the *Migration Act 1958* (Cth). The matter came before Judge Driver of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the respondent's decision to refuse the protection visa was affected by jurisdictional error. This involved determining whether the respondent had failed to consider relevant considerations or had taken into account irrelevant considerations when assessing the applicant's claims for protection, particularly concerning the credibility of his asserted fear of persecution and his alleged involvement with the political organisation. The Court also considered whether the respondent had adequately assessed the risk of harm to the applicant should he be returned to Pakistan.

Judge Driver found that the respondent had failed to properly consider crucial aspects of the applicant's evidence regarding his alleged political affiliation and the specific threats he claimed to have received. The Court reasoned that a failure to engage with and assess the substance of these claims, particularly in light of the potential consequences for the applicant, amounted to a failure to exercise the power conferred by the *Migration Act* according to law. The legal principle applied was that a decision-maker must genuinely consider all relevant evidence and considerations when making a decision under the Act, and a failure to do so constitutes jurisdictional error.

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