SZTQU v Minister for Immigration

SZTQU (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 Hazara ethnicity from Afghanistan, claimed to fear persecution on the basis of their membership in a particular social group. The Administrative Appeals Tribunal (AAT) had affirmed the Minister's decision, finding that the applicant had not established a real chance of suffering persecution. The applicant then brought proceedings in the Federal Court of Australia.

The primary legal issue before the Federal Court was whether the AAT had erred in law in its assessment of the applicant's claims. Specifically, the court was required to consider whether the AAT had correctly applied the principles of international protection law, particularly concerning the definition of a "particular social group" and the assessment of a real chance of persecution. The applicant argued that the AAT had failed to properly consider the evidence relating to the persecution of Hazaras in Afghanistan and had applied an incorrect legal test in determining whether they belonged to a particular social group.

Judge Nicholls found that the AAT had made an error of law. The Tribunal had failed to adequately consider the evidence presented regarding the systematic persecution of the Hazara ethnic group in Afghanistan, including evidence of targeted attacks and discrimination. Furthermore, the AAT had applied an overly narrow interpretation of "particular social group," failing to recognise that shared ethnicity, in circumstances of widespread persecution, could constitute such a group. The court applied the principles established in cases such as *Applicant A v Minister for Immigration and Ethnic Affairs* and *K v Minister for Immigration and Ethnic Affairs*, emphasising the need for a broad and purposive approach to the interpretation of protection provisions under the *Migration Act 1958* (Cth).

The Federal Court ordered that the AAT's decision be set aside and remitted to the AAT for redetermination according to law.