CRG17 v Minister for Immigration, Citizenship and Multicultural Affairs

The appellant, a Sri Lankan national of Tamil ethnicity, appealed a decision of the Federal Circuit Court of Australia to dismiss his application for judicial review of a decision to refuse to grant a Safe Haven Enterprise visa. The appellant arrived in Australia by boat in October 2012 and claimed to fear serious harm if forced to return to Sri Lanka, citing threats and extortion by paramilitary groups and the Sri Lankan military, as well as the kidnapping of his brother. The appellant applied for a Safe Haven Enterprise visa, a class of protection visa under the Migration Act 1958 (Cth). The Immigration Assessment Authority affirmed a delegate's decision to refuse to grant the appellant a visa, finding that the chance of the appellant being seriously harmed in the circumstances was remote. The appellant argued that the Authority failed to consider the seriousness of the threats underlying the extortion demands and conflated refugee protection criteria with complementary protection criteria.

The court found that the Authority had failed to properly consider the appellant's claims of serious harm, particularly in relation to the threat of harm from extortion demands by paramilitary groups. The court held that the Authority's finding that the chance of the appellant being seriously harmed was remote was not supported by the evidence. The court also found that the Authority had conflated the criteria for refugee protection and complementary protection, leading to an incorrect application of the law. The court held that the appeal was successful on grounds 1 and 3, quashed the decision of the Authority, and issued writs of certiorari and mandamus directing the Authority to review the Minister's decision according to law. The court also ordered the Minister to pay the appellant's costs of the appeal.