Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DBO17 v Minister for Immigration and Border Protection [2020] FCA 1118 Appeal from: DBO17 v Minister for Immigration & Anor [2019] FCCA 3349
File number: SAD 254 of 2019
Judge: KERR J
Date of judgment: 29 July 2020
Date of publication of reasons: 3 August 2020
Catchwords: MIGRATION – appeal from judgment of the Federal Circuit Court of Australia – review of decision of the Immigration Assessment Authority (IAA) affirming decision not to grant Safe Haven Enterprise Visa to Appellant on the basis that there would be no real risk of persecution if the Appellant relocated to Kabul on return to Afghanistan – where the IAA, in otherwise detailed and careful reasons, failed to refer to the most recent reputable country information provided by the Appellant concerning attacks on Hazara Shias in Kabul – inference drawn that IAA overlooked that material by innocent oversight – jurisdictional error established – appeal upheld on ground not advanced in court below
Legislation: Migration Act 1958 (Cth) s 5J(1)(c)
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 BYA17 v Minister for Immigration and Border Protection [2019] FCAFC 44; 269 FCR 94 Craig v South Australia [1995] HCA 58;184 CLR 163 ETA067 v Republic of Nauru [2018] HCA 46; 92 ALJR 1003 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; 230 FCR 431 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317; 212 FCR 99
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