DFC16 v Minister for Immigration and Border Protection [2018] FCAFC 56

FEDERAL COURT OF AUSTRALIA

DFC16 v Minister for Immigration and Border Protection [2018] FCAFC 56 Appeal from: DFC16 v Minister for Immigration and Border Protection [2017] FCCA 1292

File number: NSD 1087 of 2017

Judges: SIOPIS, LOGAN AND GRIFFITHS JJ

Date of judgment: 17 April 2018

Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia – whether the primary judge erred in finding that the Immigration Assessment Authority (IAA) did not commit jurisdictional error in finding that the real chance of harm to the appellant on the basis of his father's profile did not relate to certain southern governorates in Iraq (Ground 1), which alleged error included a claim that the IAA failed to consider an integer of the appellant's claims, namely that there was a risk of harm to him no matter where he returned to in Iraq because of his father's media profile and the Shia militia's intelligence gathering capabilities and connections (Ground 1(d)) – whether the primary judge erred in finding that the IAA did not commit jurisdictional error in assessing whether it was reasonable for the appellant to relocate within Iraq, by failing to ask itself whether the appellant would in fact relocate (Ground 2) – whether the primary judge erred in not finding that the IAA failed to consider whether the appellant could reasonably be expected to remain in certain areas in southern Iraq (Ground 3) – whether the primary judge erred in not finding that the IAA failed to take into account relevant evidence and/or considerations (Ground 4) Held: Grounds 1(a), (b) and (c), 2, 3 and 4 dismissed – By majority Ground 1(d) upheld – By majority, appeal allowed with costs