SZUBI v Minister for Immigration

The applicant, SZUBI, sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse her application for a protection visa. The Minister for Immigration was the respondent. The core of the dispute concerned the interpretation and application of section 36(3) of the *Migration Act 1958* (Cth) and whether the Tribunal's decision was affected by jurisdictional error. The matter came before Judge Cameron of the Federal Circuit Court of Australia.

The primary legal issues before the Court were whether section 36(3) of the *Migration Act* required only reasonably practicable steps to be taken in assessing the applicant's claims, and whether the Tribunal committed jurisdictional error by failing to advise the applicant that the interpretation of section 36(3) had changed since the primary decision was made. Additionally, the Court considered the applicant's application to reinstate proceedings that had been summarily dismissed due to her non-attendance.

Judge Cameron determined that section 36(3) of the *Migration Act* does not impose a requirement to take only "reasonably practicable" steps; rather, it mandates that the Tribunal must take all reasonably practicable steps. The Court found that the Tribunal had not erred in its interpretation or application of this provision. Furthermore, the Court held that there was no obligation on the Tribunal to inform the applicant of any change in the interpretation of section 36(3) after the primary decision had been made, and therefore, no jurisdictional error arose from such a failure. The application to reinstate the proceedings was also dismissed.