BEG15 v Minister for Immigration & Anor

The applicant, BEG15, sought judicial review of a decision by the Refugee Review Tribunal (RRT) concerning his application for a protection visa. The applicant claimed to fear persecution in Sri Lanka from the Liberation Tigers of Tamil Eelam (LTTE) and also feared detention upon return as a failed asylum seeker. The RRT had not accepted the applicant's claims, relying on country information and finding he would not be harmed upon return. The matter was heard in the Federal Circuit Court.

The court was required to determine whether the RRT had erred in its consideration of country information, including reports from the Department of Foreign Affairs and Trade (DFAT), and whether it had failed to consider the definition of degrading treatment or punishment in the context of the applicant's potential detention upon return to Sri Lanka. Further issues included the effect of an invalid certificate under section 438 of the *Migration Act 1958* (Cth) and whether the applicant had been denied procedural fairness.

The court noted that the RRT had erroneously applied a balance of probabilities test for complementary protection, when the correct test was a "real chance" test, as established in *MIAC v SZQRB* [2013] FCAFC 33. The RRT also failed to make express reference to the most recent DFAT Country Information Report on Sri Lanka, which could indicate a failure to comply with Ministerial Direction No 56. Despite these errors, the court ultimately dismissed the application, exercising its discretion to refuse relief.