SZVIT v Minister for Immigration & Anor (No.2)

The applicant, SZVIT, 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 Driver J of the Federal Court of Australia.

The central legal issue before the Court was whether the delegate of the Minister had erred in law by failing to consider, or adequately consider, the applicant's claims regarding the risk of persecution by non-state actors in their country of origin. Specifically, the Court was asked to determine if the delegate's assessment of the risk posed by such actors was sufficiently reasoned and based on relevant considerations.

Driver J found that the delegate's decision-making process had failed to adequately address the applicant's specific claims concerning the risk of harm from non-state actors. The Court held that the delegate had not properly engaged with the evidence presented by the applicant in relation to these claims, leading to a failure to consider a relevant consideration. This failure constituted an error of law.

The Court ordered that the application for judicial review be granted, and the decision of the delegate be set aside. The matter was remitted to the Minister for reconsideration according to law.