DFE16 v Minister for Immigration and Border Protection [2018] FCAFC 177

FEDERAL COURT OF AUSTRALIA

DFE16 v Minister for Immigration and Border Protection [2018] FCAFC 177 Appeal from: DFE16 v Minister for Immigration and Border Protection [2017] FCCA 308

File number: NSD 427 of 2017

Judges: REEVES, RANGIAH AND COLVIN JJ

Date of judgment: 16 October 2018

Catchwords: MIGRATION - appeal from unsuccessful application to Federal Circuit Court for judicial review of decision by Administrative Appeals Tribunal affirming refusal to grant protection visa - where Tribunal held no real chance of serious harm - whether primary judge erred in finding Tribunal had considered all relevant circumstances - whether Tribunal failed to consider extent of chance of harm together with factors personal to appellant when considering whether relocation would be reasonable - whether primary judge erred in finding Tribunal did not have to consider matters under UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan - consideration of relevant principles regarding failure to consider a matter raised in the context of an application for a protection visa - consideration of principles regarding relocation - no jurisdictional error - appeal dismissed

Legislation: Migration Act 1958 (Cth) s 36 Migration Amendment (Complementary Protection) Act 2011 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)

Cases cited: Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 Hossain v Minister for Immigration and Border Protection [2018] HCA 34 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; (2014) 254 CLR 317 Minister for Immigration and Citizenship v SZRMA [2013] FCAFC 161; (2013) 219 FCR 287 MZACX v Minister for Immigration and Border Protection [2016] FCA 1212 MZYQU v Minister for Immigration and Citizenship [2012] FCA 1032; (2012) 206 FCR 191 MZZJY v Minister for Immigration and Border Protection [2014] FCA 1394 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116