CDZ16 v Minister for Immigration and Border Protection [2017] FCA 967

FEDERAL COURT OF AUSTRALIA

CDZ16 v Minister for Immigration and Border Protection [2017] FCA 967 Appeal from: CDZ16 v Minister for Immigration and Border Protection [2017] FCCA 356

File number: NSD 396 of 2017

Judge: LOGAN J

Date of judgment: 18 August 2017

Catchwords: ADMINISTRATIVE LAW – judicial review – application dismissed MIGRATION – protection (class XA) visa – fear of persecution for reason of membership of religion and particular social group – whether well-founded fear of persecution – whether the Authority failed to take into account relevant considerations – the Authority did not misapply or misconstrue s 473DC and s 473DD – whether well-founded fear of persecution may be confined to a region of a country – internal relocation principle – nature of that principle in light of s 5J(1)(c) – whether misapplication of internal relocation principle – the Authority made adverse findings open to the Authority – in light of those findings, unnecessary to determine meaning of s 5J(1)(c) – no jurisdictional error identified – application dismissed

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 65, 473DC, 473DD Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)

Cases cited: CDZ16 v Minister for Immigration and Border Protection [2017] FCCA 356 Dowell Australia Ltd v Archdeacon (1975) 132 CLR 417 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Januzi v Secretary of State for the Home Department [2006] 2 AC 426 Minister for Immigration and Citizenship v SZJGV (2009) 238 CLR 642 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 Van Dongen v Northern Territory of Australia (2005) NTLR 169