SZTXU v Minister for Immigration

The applicant, SZTXU, sought judicial review of a decision by the Refugee Review Tribunal (Tribunal) to refuse her application for a protection visa. The core of the dispute concerned allegations that the Tribunal's decision was affected by jurisdictional error.

The court was required to determine whether the Tribunal had reached incorrect conclusions in its assessment of the applicant's claims, whether it had breached section 424A of the *Migration Act 1958* (Cth), and whether it had failed to adequately consider all of the applicant's claims.

Judge Cameron found that the Tribunal had indeed committed jurisdictional error. The Tribunal's reasoning was found to be flawed in its assessment of the applicant's claims, particularly concerning the likelihood of persecution. Furthermore, the Tribunal failed to provide the applicant with the opportunity to respond to adverse information as required by section 424A of the *Migration Act 1958* (Cth), which constituted a significant breach of procedural fairness. The court concluded that the Tribunal's decision was vitiated by these errors.

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