BFQ15 v Minister for Immigration

The applicant, BFQ15, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The core of the dispute concerned whether the applicant faced a real risk of the death penalty being carried out if returned to their country of origin, a key element for establishing a complementary protection obligation under section 36(2)(aa) of the *Migration Act 1958* (Cth). The matter was heard by Judge Young in the Federal Circuit Court of Australia.

The central legal issue before the Court was to determine whether the evidence presented by BFQ15 established a real chance, or a real risk, that the death penalty would be carried out against them. This required an assessment of the applicant's individual circumstances in light of the legal framework governing complementary protection obligations, specifically the threshold of risk required to engage the Minister's non-refoulement obligations.

Judge Young considered the evidence relating to the applicant's situation and the general conditions in their country of origin. The Court applied the established legal principles for assessing risk, which require more than a mere possibility but less than a probability. The assessment focused on whether there was a real chance of the death penalty being imposed and carried out, taking into account all relevant factors. The Court ultimately found that the evidence did not establish the requisite real risk.

Consequently, the Court dismissed the application for judicial review, upholding the Minister's decision to refuse the protection visa.