SZTSA v Minister for Immigration

The applicant, SZTSA, sought judicial review of a decision by the Administrative Appeals Tribunal (Tribunal) which affirmed a decision not to grant a protection visa. The application was brought under section 476 of the *Migration Act 1958* (Cth).

The central legal issues before the Federal Circuit and Family Court of Australia were whether the Tribunal had misunderstood the evidence presented, whether it was open to the Tribunal to disregard particular evidence in the absence of contrary evidence, and whether the Tribunal's findings, particularly those based on country information, were reasonably open to it.

Judge Manousaridis reasoned that the Tribunal was not obliged to accept all evidence presented to it, especially where it was not satisfied of its veracity or where it was contradicted by other evidence or country information. The Tribunal was entitled to make findings of fact that were reasonably open to it on the evidence before it, including country information, and was not required to accept the applicant's version of events if it was not persuaded. The application was dismissed.