BIM16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 453

Federal Court of Australia

BIM16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 453 Appeal from: BIM16 v Minster for Immigration and Border Protection [2020] FCCA 3066

File number: VID 797 of 2020

Judgment of: ANASTASSIOU J

Date of judgment: 29 April 2022

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether Administrative Appeals Tribunal failed to give proper and adequate consideration to whether it would be reasonable for Appellants to relocate to another specified place in India – whether Tribunal was required to specify a place to which the Appellants could relocate – whether level of specificity was too general – appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 5AAA(2), 5AAA(4), 36(2)(a), s 36(2B) Migration Amendment (Protection and Other Measures) Act 2015

Cases cited: AHK16 v Minister for Immigration and Border Protection [2018] FCAFC 106; 161 ALD 457 BDA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2020] FCA 131; 170 ALD 58 CLI16 v Minister for Immigration and Border Protection [2020] FCA 1769 CRI026 v Republic of Nauru [2018] HCA 19; 355 AR 216 CSO15 v Minister for Immigration and Border Protection [2018] FCAFC 14; 260 FCR 134 EHV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 649 ELX17 v Minister for Immigration and Border Protection [2018] FCA 1372 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 S395 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; 216 CLR 473 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; 233 CLR 18 SZMCD v Minister for Immigration and Citizenship [2009] FCAFC 46; 174 FCR 415