CIT17 v Minister for Immigration and Border Protection [2018] FCAFC 150

FEDERAL COURT OF AUSTRALIA

CIT17 v Minister for Immigration and Border Protection [2018] FCAFC 150 Appeal from: CIT17 v Minister for Immigration & Anor [2018] FCCA 330

File number: NSD 311 of 2018

Judges: COLLIER, MARKOVIC AND LEE JJ

Date of judgment: 6 September 2018

Catchwords: MIGRATION – protection visa – appeal from a decision of the Federal Circuit Court to dismiss application for judicial review of a decision of the Immigration Assessment Authority (Authority) – whether Authority misconstrued the test for determining the reasonableness of the appellant relocating – consideration of correct approach to determining reasonableness of relocation under the Act – whether primary Judge erred in finding that the Authority had considered all integers of the appellant's claims – whether finding in relation to a specific claim can be subsumed into other findings MIGRATION – appeal from Federal Circuit Court – whether primary Judge failed to give adequate reasons – whether matter should be remitted to the Federal Circuit Court – where parties made detailed submissions in the appeal – where remittal would be futile – costs implications

Legislation: Migration Act 1958 (Cth), ss 5H(1), 5J, 36(2)(a), 36(2)(aa), 36(2B) 1951 Convention relating to the Status of Refugees. Opened for signature 28 July 1952. 189 UNTS 137 (entered into force 22 April 1953) 1967 Protocol relating to the Status of Refugees. Opened for signature 31 January 1967. 606 UNTS 267 (entered into force 4 October 1967)

Cases cited: AXL16 v Minister for Immigration and Border Protection [2018] FCA 208 at [26] BKL15 v Minister for Immigration and Border Protection [2016] FCA 802; (2016) 241 FCR 450 CPE15 v Minister for Immigration and Border Protection [2017] FCA 591 DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2; (2018) 353 ALR 641 DL v The Queen [2018] HCA 26; (2018) 92 ALJR 636 Maviglia v Maviglia [1999] NSWCA 188 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; (2018) 253 FCR 526 MZACX v Minister for Immigration and Border Protection [2016] FCA 1212 WAEE v Minister for Immigration and Multicultural Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Wu v The Queen [1999] HCA 52; (1999) 199 CLR 99 Wyman on behalf of the Bidjara People v State of Queensland [2015] FCAFC 108; (2015) 235 FCR 464 Yaacoub v Minister for Immigration and Border Protection [2018] FCAFC 39