SZUSB v Minister for Immigration

The applicant, SZUSB, sought judicial review of a decision by the Refugee Review Tribunal (Tribunal) to refuse his application for a protection visa. The core of the dispute concerned an allegation that the Tribunal's decision was affected by jurisdictional error due to the failure to invite the second applicant to participate in the Tribunal's hearing. The matter was heard by Judge Cameron in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the Tribunal's failure to invite the second applicant to its hearing constituted a jurisdictional error, thereby vitiating its decision. This required the Court to consider the procedural fairness obligations owed by the Tribunal to applicants in such circumstances and the impact of any such failure on the validity of the Tribunal's determination.

Judge Cameron reasoned that the Tribunal's duty of procedural fairness extended to providing an opportunity for all applicants to be heard. The failure to invite the second applicant to the hearing meant that the Tribunal had not afforded her the procedural fairness to which she was entitled. Consequently, the Tribunal's decision was affected by jurisdictional error. The Court found that the Tribunal had failed to provide procedural fairness to the second applicant by not inviting her to the hearing.

The Court ordered that the decision of the Refugee Review Tribunal be set aside.