CYF16 v Minister for Immigration and Border Protection [2018] FCA 2034

FEDERAL COURT OF AUSTRALIA

CYF16 v Minister for Immigration and Border Protection [2018] FCA 2034 Appeal from: CYF16 v Minister for Immigration [2017] FCCA 3108

File number: NSD 2246 of 2017

Judge: MARKOVIC J

Date of judgment: 18 December 2018

Catchwords: MIGRATION – appeal from orders of the Federal Circuit Court of Australia dismissing the appellant's application for judicial review – where the Administrative Appeals Tribunal (Tribunal) affirmed the decision of a delegate not to grant the appellant a protection visa – whether to grant leave to the appellant to rely on a further amended notice of appeal – whether the Tribunal erred in its application of the test for relocation and whether in the circumstances it was reasonable to relocate – whether the Tribunal failed to take into account all of the integers of the appellant's claim as to why it was not reasonable for the appellant to relocate – appeal allowed.

Cases cited: BOZ16 v Minister for Immigration and Border Protection [2018] FCA 418 Minister for Immigration and Border Protection v DZU16 (2018) 253 FCR 526 MZACX v Minister for Immigration and Border Protection [2016] FCA 1212 MZYQU v Minister for Immigration and Citizenship (2012) 206 FCR 191 MZZJY v Minister for Immigration and Border Protection [2014] FCA 1394 MZZZA v Minister for Immigration and Border Protection [2015] FCA 594 SZMCD v Minister for Immigration and Citizenship (2009) 174 FCR 415 SZVRA v Minister for Immigration and Border Protection [2017] FCA 121 SZWCO v Minister for Immigration and Border Protection [2016] FCA 51