DWX16 v Minister for Immigration

DWX16 sought judicial review of a decision by the Minister for Immigration, which was affirmed by the Immigration Assessment Authority (IAA). The dispute concerned DWX16's application for a Safe Haven Enterprise Visa.

The central legal issue before the court was whether the IAA had erred in law by failing to consider the criterion under section 36(2B)(c) of the *Migration Act 1958* (Cth) in relation to DWX16's application. This criterion relates to claims of generalised violence.

Judge McNab found that there was no misunderstanding of the complementary protection criterion by the IAA. Crucially, the court determined that DWX16 had not squarely raised a claim of generalised violence during the assessment process. Consequently, the IAA was not required to consider section 36(2B)(c) of the *Migration Act 1958* (Cth). The application for judicial review was dismissed.