SZTQP v Minister for Immigration and Border Protection

In this case, the appellant, a citizen of Rwanda, sought to appeal the decision of the Federal Circuit Court dismissing his application for review of a decision of the Refugee Review Tribunal. The appellant argued that the Tribunal had failed to apply the complementary protection criterion and had failed to consider and determine a claim or an integer of a claim. The Minister for Immigration and Border Protection opposed the application for leave to amend the appeal.

The court was required to decide whether the Federal Circuit Court had erred in failing to find that the Tribunal had failed to apply the complementary protection criterion and in failing to find that the Tribunal had failed to consider and determine a claim or an integer of a claim. The court also had to consider whether the appellant's proposed ground 3 lacked prospects of success.

The court found that the appellant's proposed ground 3 had sufficient prospects of success, and that leave to amend the appeal should be granted. The court held that the Tribunal had not erred in failing to apply the complementary protection criterion as the appellant had not made a claim to fear harm on return on the basis of the incidents in question. The court also found that the Tribunal had not failed to consider and determine a claim or an integer of a claim, as the Tribunal had considered all the relevant matters in its reasons.

The court allowed the appeal, set aside the orders made by the Federal Circuit Court, quashed the decision of the Refugee Review Tribunal, and remitted the matter for reconsideration according to law. The first respondent was ordered to pay 50% of the first appellant's costs of and incidental to the appeal, as agreed or assessed. There was no order as to the costs of the proceeding before the primary judge.