AJY19 v Minister for Immigration

The applicant, AJY19, sought judicial review of a decision by the Minister for Immigration to refuse their application for a Safe Haven Enterprise Visa (SHEV). The core of the dispute concerned whether the applicant would suffer serious harm if returned to their country of origin, a crucial factor in assessing their eligibility for the visa. The matter was heard by Judge Egan.

The primary legal issue before the court was whether the delegate's finding that the applicant would not suffer serious harm upon return to their country of origin was affected by jurisdictional error. This required the court to consider the evidence presented regarding the applicant's past experiences of serious harm and the impact of subsequent political reforms in their home country on the current risk of harm.

Judge Egan found that the delegate had properly considered the evidence, including the political reforms that had occurred. The delegate's conclusion that these reforms had created a changed political and social environment, thereby mitigating the risk of serious harm to the applicant, was a finding of fact open to the delegate on the evidence before them. The court determined that no jurisdictional error had been established in the delegate's assessment of the risk of serious harm.

Consequently, the application for judicial review was dismissed.