Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ELX17 v Minister for Immigration and Border Protection [2018] FCA 1372 Appeal from: ELX17 v Minister for Immigration and Border Protection [2018] FCCA 775
File number: NSD 596 of 2018
Judge: PERRY J
Date of judgment: 5 September 2018
Catchwords: MIGRATION – where the Immigration Assessment Authority (IAA) decided not to grant the appellant a protection visa on the ground he could relocate to Kabul – where IAA accepted that there was a real risk of significant harm to Hazaras travelling between Kabul and the appellant's home district where his family lived – whether the IAA failed to consider the claim that the appellant or his family would travel to see each other as an impediment to his relocation to Kabul in considering his complementary protection claim – discussion of principles for determining the reasonableness of relocating and relevance of principles developed in the context of Refugee Convention claims to claims for complementary protection – appeal allowed
Legislation: Migration Act 1958 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)
Cases cited: AHK16 v Minister for Immigration and Border Protection [2018] FCAFC 106 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Collector of Customs v Pozzolanic (1993) 43 FCR 280 CRI026 v The Republic of Nauru [2018] HCA 19; (2018) 92 ALR 529 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZACX v Minister for Immigration and Border Protection [2016] FCA 1212 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 NAIZ v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 37 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; (2009) 174 FCR 415 SZSSY Minister for Immigration and Border Protection [2014] FCA 1144
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