Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZSJB v Minister for Immigration and Border Protection [2017] FCA 229 Appeal from: SZSJB v Minister for Immigration and Anor [2016] FCCA 1748
File number(s): NSD 1412 of 2016
Judge(s): PERRY J
Date of judgment: 10 March 2017
Catchwords: MIGRATION – whether assessor erred in International Treaties Obligation Assessment (ITOA) in assessing reasonableness of appellant relocating if returned to Afghanistan – consideration of relocation principles – proper characterisation of appellant's claims – failure by assessor to consider essential integers of appellant's claims – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5, 7, 91R, 198, 414 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: Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 Januzi v Secretary of State for Home Department [2006] 2 AC 426 Minister for Immigration and Citizenship v SZRMA [2013] FCAFC 161 MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99 MZYQU v Minister for Immigration and Citizenship [2012] FCA 1032 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263 NAIZ v Minister for Immigration and Indigenous Affairs [2005] FCAFC 37 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 124 Plaintiff M61/2010 v Commonwealth of Australia [2010] HCA 41 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship [2007] HCA 40 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46 SZSSC v Minister for Immigration and Border Protection [2014] FCA 863 SZSSJ v Minister for Immigration and Border Protection [2014] FCAFC 143 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184
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