Federal Court of Australia
Federal Court of Australia
CAI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1310 Appeal from: CAI18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 773
File number: NSD 493 of 2021
Judgment of: DERRINGTON J
Date of judgment: 28 October 2021
Catchwords: MIGRATION – Afghan national – SHEV application – complementary protection grounds – whether Immigration Assessment Authority failed to consider risk of harm to appellant when ascertaining whether it was reasonable for him to relocate to Kabul – whether claim relevantly raised by appellant – appeal dismissed
Legislation: Migration Act 1958 (Cth) s 36
Cases cited: ADU18 v Minister for Home Affairs [2020] FCA 366 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156 CXO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 17 DFE16 v Minister for Immigration and Border Protection (2018) 265 FCR 57 DQA17 v Minister for Home Affairs [2020] FCA 864 Metwally v University of Wollongong (1985) 60 ALR 68 Minister for Immigration and Border Protection v DZU16 (2018) 253 FCR 526 Minister for Immigration and Border Protection v SZSCA (2014) 254 CLR 317 MZACX v Minister for Immigration and Border Protection (2016) 161 ALD 73 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 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 NWQR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 30 Singh v Minister for Home Affairs (2019) 267 FCR 200 Soosaipillai v Minister for Immigration & Multicultural Affairs [2001] FCA 357 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 Tohi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 125 Water Board v Moustakas (1988) 180 CLR 491
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