Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CID15 v Minister for Immigration and Border Protection [2017] FCA 780 Appeal from: CID15 v Minister for Immigration & Anor [2016] FCCA 3076
File number: VID 1467 of 2016
Judge: MOSHINSKY J
Date of judgment: 12 July 2017
Catchwords: MIGRATION – application for Protection (Class XA) visa – where Administrative Appeals Tribunal found that the appellant faced a real chance of serious harm as a result of his Shia religious identity and imputed political opinion if he returned to his home area – where Tribunal, in the course of considering whether it was reasonable for the appellant to relocate, reasoned that other areas in the country were "relatively free" from sectarian violence and provided "relative safety" – whether Tribunal adopted a relative rather than objective approach in applying the 'real chance' test in the context of relocation – appeal allowed
Legislation: Migration Act 1958 (Cth), s 36
Cases cited: Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 Januzi v Secretary of State for the Home Department [2006] 2 AC 426 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 Minister for Immigration and Citizenship v SZQRB (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZVJE & Ors v Minister for Immigration & Anor [2016] FCCA 594
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