Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AHK16 v Minister for Immigration and Border Protection [2018] FCAFC 106 Appeal from: AHK16 v Minister for Immigration & Anor [2018] FCCA 75
File number: VID 97 of 2018
Judges: MORTIMER, MOSHINSKY AND THAWLEY JJ
Date of judgment: 6 July 2018
Catchwords: MIGRATION – appeal from Federal Circuit Court – whether safe, reasonable and practicable for appellant to relocate within Pakistan – reasonableness of relocation – whether Tribunal failed to consider whether appellant's mental health conditions would be exacerbated – whether Tribunal failed to consider impact of generalised violence in Pakistan on appellant's mental health conditions – appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 36(2)(a), 36(2)(aa), 36(2B)(a), 36(2B)(c) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Convention Relating to the Status of Refugees. Opened for signature 28 July 1951. 189 UNTS 137 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267 (entered into force 4 October 1967)
Cases cited: CSO15 v Minister for Immigration and Border Protection [2018] FCAFC 14 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 197 ALR 389 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802; 194 ALR 244 Januzi v Secretary of State for Home Department [2006] UKHL 5; 2 AC 426 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; 254 CLR 317 MZACX v Minister for Immigration and Border Protection [2016] FCA 1212 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99; 289 ALR 541 MZZJY v Minister for Immigration and Border Protection [2014] FCA 1394 MZZZA v Minister for Immigration and Border Protection [2015] FCA 594 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 535; 52 FCR 437 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; 174 FCR 415
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