Federal Court of Australia
Federal Court of Australia
DTM16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 259 Appeal from: DTM16 v Minister for Immigration and Anor [2020] FCCA 2026
File number: VID 535 of 2020
Judgment of: NICHOLAS J
Date of judgment: 22 March 2022
Catchwords: MIGRATION – complementary protection – where Immigration Assessment Authority ("IAA") found that it would be reasonable for the appellant (a male of Hazara ethnicity) to relocate to Kabul – whether IAA failed to consider expert opinion and related submissions relied on by the appellant – whether primary judge erred in holding that IAA considered such material – whether IAA's failure to consider such material deprived appellant of realistic possibility of a different outcome Held: appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5H, 5J, 36, 473CB, 473DB
Cases cited: Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 37
Date of hearing: 28 April 2021
Counsel for the Appellant: Dr A McBeth
Solicitor for the Appellant: Beena Rezaee Legal & Migration
Counsel for the First Respondent: Mr P Macliver
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent: The second respondent submitted save as to costs
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