Bgi17 v Minister for Immigration

The applicant, Bgi17, sought judicial review of a decision by the Minister for Immigration to refuse to grant a Safe Haven Enterprise Visa. The dispute concerned whether the applicant had established claims for complementary protection, alleging a risk of harm from both state and non-state actors. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the applicant had demonstrated that they would be at risk of significant harm, either from state actors or non-state actors, such that they would be entitled to complementary protection. This required an assessment of the evidence presented by the applicant regarding the nature and likelihood of any such harm.

His Honour Judge J D Wilson QC found that the applicant had not established that they would face a real chance of significant harm from state actors. Furthermore, the Court determined that the evidence did not support a finding that the applicant would be at risk from non-state actors in a manner that would engage Australia's complementary protection obligations. Consequently, the application for the visa was dismissed.