SZVDJ v Minister for Immigration

The applicant, SZVDJ, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant a protection visa. The applicant, who is a citizen of Sri Lanka, had arrived in Australia by boat in 2013 and was subsequently granted a bridging visa. The Minister's delegate refused the protection visa application on the basis that the applicant did not meet the criteria for a protection visa under section 417 of the *Migration Act 1958* (Cth) and Regulation 7.11 of the *Migration Regulations 1994* (Cth). The applicant contended that the delegate's decision was affected by jurisdictional error.

The primary legal issue before the Federal Circuit Court was whether the delegate had made a jurisdictional error in assessing the applicant's claims for protection. Specifically, the court was required to determine if the delegate had failed to consider relevant information or had taken into account irrelevant considerations when assessing the applicant's fear of persecution in Sri Lanka. The applicant argued that the delegate had failed to properly assess the risk of harm from the Liberation Tigers of Tamil Eelam (LTTE) and the Sri Lankan military, and had not adequately considered the applicant's subjective fear.

Judge Manousaridis found that the delegate had failed to properly consider the applicant's subjective fear of harm, which was a crucial element in the assessment of a protection visa claim. The delegate's reasons indicated a misunderstanding of the applicant's evidence regarding his past experiences and his fear of future persecution. The court held that this failure constituted a jurisdictional error, as it meant the delegate had not undertaken the task required by the legislation. Consequently, the delegate's decision was vitiated by jurisdictional error.

The court ordered that the decision of the delegate be set aside and remitted to the Minister for Immigration, Citizenship and Multicultural Affairs for redetermination according to law.