Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
DEO19 v Minister for Immigration, Citizenship, Multicultural Affairs and Migrant Services [2022] FCA 608 Appeal from: DEO19 v Minister for Immigration & Anor [2020] FCCA 3412
File number: NSD 19 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 24 May 2022
Catchwords: MIGRATION – appeal from Federal Circuit Court – application for protection visa – where Immigration Assessment Authority affirmed a decision of the delegate of the Minister not to grant appellant a Safe Haven Enterprise Visa – whether it was reasonable for appellant to relocate within Pakistan – where appellant did not expressly submit claim regarding impact of relocation on his family – whether Authority was required to consider that claim – whether claim was squarely raised on material before Authority – whether claim otherwise arose in the context of express findings made by the Authority – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5J, 5H, 35A, 36(2), 36(2B)
Cases cited: AWG18 v Minister for Home Affairs [2020] FCA 744 AYY17 v Minister for Immigration and Border Protection [2018] FCAFC 89; (2018) 261 FCR 503 BDA17 v Minister for Immigration, Citizenship and Multicultural Affairs [2020] FCA 131 BIL17 v Minister for Immigration and Border Protection [2019] FCAFC 6; (2019) 268 FCR 114 CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156 DFE16 v Minister for Immigration and Border Protection [2018] FCAFC 177; (2018) 265 FCR 57 Minister for Immigration and Border Protection v DZU16 [2018] FCAFC 32; (2018) 253 FCR 526 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSCA [2014] HCA 45; (2014) 254 CLR 317 MZACX v Minister for Immigration and Border Protection [2016] FCA 1212 MZANX v Minister for Immigration and Border Protection [2017] FCA 307 MZYPW v Minister for Immigration and Citizenship [2012] FCAFC 99; (2012) 289 ALR 541 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No.2) [2004] FCAFC 263; (2004) 144 FCR 1 SZATV v Minister for Immigration and Citizenship [2007] HCA 40; (2007) 233 CLR 18 SZBJI v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 216
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