Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CXO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 17 Appeal from: CXO16 v Minister for Immigration & Anor [2018] FCCA 2574
File number: VID 1265 of 2018
Judge: WHEELAHAN J
Date of judgment: 16 January 2020
Catchwords: MIGRATION – appeal from the Federal Circuit Court of Australia – whether the Immigration Assessment Authority considered the reasonableness of the appellant relocating to Kabul – Authority did not examine the security situation in Kabul for the purposes of considering reasonableness of relocation – appeal allowed.
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36(2)(a), 36(2)(aa), 36(2B), 473CB, 473CC, 473DB, 473DD, 473EA
Cases cited: CIT17 v Minister for Immigration and Border Protection [2018] FCAFC 150 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; (1993) 43 FCR 280 Minister for Immigration & Border Protection v EEI17 [2018] FCAFC 166; (2018) 261 FCR 461 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; 253 FCR 526 Minister for Immigration and Border Protection v Nguyen [2017] FCAFC 149; 254 FCR 522 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 Minister for Immigration & Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 Minister for Immigration & Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; 206 CLR 323 MZACX v Minister for Immigration and Border Protection [2016] FCA 1212 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 MZYQU v Minister for Immigration and Citizenship [2012] FCA 1032; 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 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Politis v Commissioner of Taxation [1988] FCA 739; 16 ALD 707 R (on the application of HN and Others) v Secretary of State for the Home Department [2015] UKUT 00437 (IAC) Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18
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