AXE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 557

Federal Court of Australia

AXE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 557 Appeal from: AXE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor (No. 2) [2020] FCCA 1761

File number(s): NSD 993 of 2020

Judgment of: RARES J

Date of judgment: 21 May 2021

Catchwords: MIGRATION – whether primary judge erred in not finding illogical or legally unreasonable Immigration Assessment Authority's decision to affirm decision of Minister's delegate not to grant protection visa because appellant could relocate to another part of country – whether necessary to demonstrate jurisdictional error that decision exhibit "extreme" illogicality

Legislation: Migration Act 1958 (Cth) ss 5J 36(2)(a), 36(2)(aa), 36(2B)(a), 48B, 473DC

Cases cited: AFD16 v Minister for Immigration and Border Protection [2020] FCA 964 AWU16 v Minister for Immigration and Border Protection [2020] FCA 513 AXE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor (No. 2) [2020] FCCA 1761 City of Enfield v Development Assessment Commission (2000) 199 CLR 135 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 DAO16 v Minister for Immigration and Border Protection (2018) 258 FCR 175 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Guo (1997) 191 CLR 559 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18