BHQ15 v Minister for Immigration

The Federal Circuit Court of Australia heard the matter of BHQ15 (the applicant) against the Minister for Immigration, Citizenship and Multicultural Affairs (the respondent). The applicant sought judicial review of the respondent's decision to refuse to grant a protection visa. The dispute centred on whether the applicant held a genuine fear of persecution should they be returned to their country of origin.

The primary legal issue before the Court was whether the delegate of the Minister had reasonably considered the applicant's claims of persecution, specifically in relation to the risk of harm from non-state actors and the potential for the applicant to access protection from the authorities in their home country. The Court was required to determine if the delegate's assessment of the evidence and the application of the relevant criteria under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) was legally sound.

Judge Lucev found that the delegate had failed to adequately assess the applicant's claims regarding the risk of harm from non-state actors, particularly in light of the evidence presented. The delegate's reasoning was found to be deficient in its consideration of the applicant's specific circumstances and the potential for them to be targeted. Consequently, the Court concluded that the decision to refuse the protection visa was affected by jurisdictional error. The application for judicial review was therefore granted.