SZUIL v Minister for Immigration & Border Protection & Anor (No.2)

The applicant, SZUIL, sought judicial review of a decision by the Minister for Immigration and Border Protection to refuse to grant a protection visa. The matter came before Emmett J of the Federal Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had failed to consider relevant considerations and had taken into account irrelevant considerations when assessing SZUIL's claim for a protection visa. Specifically, the Court was asked to determine if the delegate had improperly relied on information from a country information report that was not publicly available at the time of the decision, and whether the delegate had failed to give adequate weight to certain evidence provided by the applicant.

Emmett J found that the delegate had indeed failed to consider relevant considerations and had taken into account irrelevant considerations. His Honour held that the delegate's reliance on the undisclosed country information report was a jurisdictional error, as it meant the applicant was not afforded a fair hearing. Furthermore, the Court determined that the delegate had not adequately considered the applicant's personal circumstances and the evidence presented in support of his claim. The legal principle applied was that a decision-maker must consider all relevant evidence and must not rely on information that has not been disclosed to the applicant.

Consequently, Emmett J quashed the decision of the Minister to refuse the protection visa and remitted the application to the Minister for reconsideration according to law.