DPV18 v Minister For Home Affairs & Anor

DPV18 sought judicial review of a decision by the Minister for Home Affairs to refuse a Safe Haven Enterprise Visa. The applicant, a Shia Hazara from Afghanistan, arrived in Australia as an irregular maritime arrival. The delegate of the Minister refused the visa, and this decision was affirmed by the Immigration Assessment Authority. The applicant contended that they faced harm due to their ethnicity and a risk profile associated with their family history, including discrimination and being a returnee from a western country, rendering them vulnerable to harm.

The central legal issues before the Court were whether the Immigration Assessment Authority had erred in its assessment of the applicant's claims for protection, particularly concerning the risk of harm arising from their ethnicity and family background. The Court was required to consider the application of the complimentary protection provisions and whether new information presented by the applicant had been adequately considered in the assessment of their vulnerability and the risks they faced upon return to Afghanistan.

Riethmuller J found that the Immigration Assessment Authority had failed to adequately consider the new information provided by the applicant, which included details about the specific risks faced by Shia Hazaras and the implications of their family history. The Court determined that the Authority had not properly assessed the cumulative risk of harm, including discrimination and the particular dangers associated with being a returnee from a western country. Consequently, the Court concluded that the decision of the Immigration Assessment Authority was affected by jurisdictional error. The application was allowed.