SZUNN v Minister for Immigration

The applicant, SZUNN, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). The matter came before Judge Manousaridis in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in finding that the applicant had not established a well-founded fear of persecution for a reason within the meaning of the *Migration Act 1958* (Cth). This involved assessing the credibility of the applicant's claims and the objective reasonableness of any fear of harm.

Judge Manousaridis considered the evidence presented by the applicant, including their account of past events and the potential for future harm. The Court applied the principles established in cases such as *Minister for Immigration and Ethnic Affairs v Teoh* and *Chan v Minister for Immigration and Ethnic Affairs*, which outline the criteria for establishing a well-founded fear of persecution. The Court found that the delegate's assessment of the applicant's credibility was flawed and that the delegate had failed to adequately consider certain aspects of the evidence. Consequently, the Court concluded that the decision under review was affected by an error of law.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for reconsideration according to law.