BIG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 223

Federal Court of Australia

BIG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 223 Appeal from: BIG17 v Minister for Immigration and Anor [2020] FCCA 802

File number: WAD 96 of 2020

Judgment of: NICHOLAS J

Date of judgment: 15 March 2022

Catchwords: MIGRATION – complementary protection – whether reasonable for appellant to relocate within receiving country – whether the Immigration Assessment Authority ("IAA") gave consideration to the submission made by the appellant in relation to whether it was reasonable to relocate to Kabul given poor sanitation and water in Kabul – whether the IAA failed to consider whether it would be reasonable for the appellant to relocate his wife and children to Kabul

Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 46A(2), 473CB, 473DD

Cases cited: CAR15 v Minister for Immigration and Border Protection (2019) 272 FCR 131 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 CMV18 v Minister for Immigration & Anor [2019] FCCA 2522 DIJ17 v Minister for Immigration and Anor [2018] FCCA 2407 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Navoto v Minister for Home Affairs [2019] FCAFC 135 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZVRA v Minister for Immigration and Border Protection [2017] FCA 121