MZAPB v Minister for Immigration and Border Protection [2016] FCA 1393

FEDERAL COURT OF AUSTRALIA

MZAPB v Minister for Immigration and Border Protection [2016] FCA 1393 Appeal from: MZAPB v Minister for Immigration & Anor [2016] FCCA 1553

File number: VID 785 of 2016

Judge: LOGAN J

Date of judgment: 15 November 2016

Catchwords: MIGRATION – Administrative Appeals Tribunal (Migration & Refugees Division) – application for protection visa – fear of persecution for political reasons – where Tribunal accepted well-founded fear of persecution – whether well-founded fear may be confined to a region of a country – whether internal relocation reasonable – whether Tribunal failed to address all integers of claim that relocation was unreasonable – appellant has wife and young family in home country – whether Tribunal failed to consider practical reality of relocation of family unit – whether practical reality of relocation of family unit was raised by appellant on established facts for consideration –– no such relocational difficulty raised by the appellant in his evidence before the Tribunal – correspondingly, no related failure by the Tribunal exercise its review jurisdiction by reference to the integers of the claim – no error by Federal Circuit Court in determining judicial review application Migration Act 1958 (Cth)

Legislation: Migration Act 1958 (Cth)

Cases cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; (2003) 77 ALJR 1088 Januzi v Secretary of State for the Home Department (2006) 2 AC 426 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZAIX v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 448 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18