SZTXD v Minister for Immigration

SZTXD (the applicant) sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse his application for a protection visa. The Minister for Immigration was the respondent. The applicant alleged that the Tribunal's decision was affected by jurisdictional error.

The primary legal issues before the court were whether the Tribunal erred by failing to find that any detention of the applicant would amount to serious harm for the purposes of section 91R(1)(b) of the *Migration Act 1958* (Cth), whether the Tribunal failed to apply the "real chance" test in its assessment of the applicant's claims, and whether the Tribunal failed to alert the applicant to an issue that was determinative of the review.

Justice Cameron found that the Tribunal had made a jurisdictional error. The Tribunal had failed to adequately consider the risk of serious harm arising from detention, particularly in light of the applicant's mental health condition and past experiences. The court held that the Tribunal's assessment of the risk of harm was insufficient and that it had not properly applied the "real chance" test. Furthermore, the Tribunal failed to notify the applicant of its intention to make a negative assessment on a crucial aspect of his claim, thereby denying him a proper opportunity to respond.

The court set aside the decision of the Refugee Review Tribunal and remitted the matter to the Tribunal for redetermination according to law.