ETO18 v Minister for Home Affairs

The applicant, ETO18, sought judicial review of a decision by the Minister for Home Affairs to refuse their application for a Safe Haven Enterprise Visa. The core of the dispute concerned whether certain information provided by the applicant constituted "credible personal information" for the purposes of the *Migration Act 1958* (Cth). The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was the interpretation and application of section 473DD(b)(ii) of the *Migration Act 1958* (Cth). This section requires the Minister to consider whether new information provided by an applicant is "credible personal information" that is not "country information" and that, if accepted, would lead to a different outcome. The court had to determine if the information ETO18 presented met this threshold, particularly in light of country information that suggested relocation within the applicant's home country was reasonable.

Judge Egan reasoned that the information provided by ETO18, while personal in nature, was not sufficiently credible to overcome the existing country information. The court found that the applicant's claims did not establish a real chance of significant harm upon relocation within their country of origin, as suggested by the country information. Consequently, the information was not considered "credible personal information" in the context of section 473DD(b)(ii), as it did not demonstrate that the applicant would be unable to obtain safety by relocating within their home country.

The application for judicial review was dismissed.