Ismail v Minister for Immigration, Citizenship and Multicultural Affairs

The applicant, Mr. Ismail, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse his application for a protection visa. The dispute concerned the lawfulness of the Minister's decision, which was made under s 48B of the *Migration Act 1958* (Cth). The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether the Minister, in considering Mr. Ismail's application under s 48B, was required to consider the risk of harm to Mr. Ismail in a third country to which he might be removed, or whether the Minister was limited to considering only the risk of harm in his country of origin. This question arose in the context of Australia's non-refoulement obligations under international law, specifically the *Convention relating to the Status of Refugees* (1951) and its Protocol.

The High Court held that the Minister's obligation under s 48B extended to considering the risk of harm to Mr. Ismail in any country to which he might be removed, not solely his country of origin. The Court reasoned that Australia's non-refoulement obligations are engaged when a person faces a real chance of being sent to a country where they would be at risk of persecution. Therefore, the Minister's assessment must encompass the potential consequences of removal to any country, including third countries, to ensure compliance with these international obligations. The Court found that the Minister had failed to undertake this comprehensive assessment.

The High Court allowed the appeal, quashed the decision of the Minister, and remitted the application for a protection visa to the Minister for reconsideration according to law.