Federal Court of Australia
Federal Court of Australia
BPV17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 157 Appeal from: BPV17 v Minister for Immigration and Anor [2020] FCCA 818
File number: WAD 108 of 2020
Judgment of: NICHOLAS J
Date of judgment: 28 February 2022
Catchwords: MIGRATION – complementary protection – whether reasonable for appellant to relocate within receiving country – acceptance by Immigration Assessment Authority ("IAA") that due to security situation appellant would be separated from his wife – where IAA found such separation would be temporary – whether finding supported by any probative evidence – whether IAA's decision was legally unreasonable – whether IAA gave consideration to submissions made by appellant in relation to other hardships he would be likely to experience if required to relocate
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36
Cases cited: CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131 CMV18 v Minister for Immigration & Anor [2019] FCCA 2522 DIJ17 v Minister for Immigration and Anor [2018] FCCA 2407 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 Tsvetnenko v United States of America (2019) 269 FCR 225
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