BBK15 v Minister for Immigration and Border Protection

BBK15, an individual from Afghanistan, brought an appeal against a decision made by the Minister for Immigration and Border Protection, who had refused to grant them a migration protection visa under section 36(2)(aa) of the Migration Act 1958 (Cth). The appeal was heard in the Federal Court of Australia. The central issue in the appeal was the interpretation of the term "real risk" as used in section 36(2B)(c) of the Migration Act, specifically whether such a risk must be faced by all members of the population or each citizen, or if it could be a risk attributable to the individual or personal circumstances of the visa applicant.

The court determined that the term "real risk" does not require a risk faced by the population of a country generally to be a risk faced by all members of the population or by each citizen. Additionally, the court clarified that a risk faced by a visa applicant personally is one attributable to the individual or personal circumstances of the visa applicant. Applying these principles, the court found that the decision-maker had correctly applied the relevant statutory provisions in assessing the appellant's eligibility for a migration protection visa.

The appeal was dismissed, and the appellant was ordered to pay the first respondent's costs, as taxed if not agreed. This decision was entered in accordance with Rule 39.32 of the Federal Court Rules 2011.