AGE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 668

Federal Court of Australia

AGE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 668 Appeal from: AGE18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1631

File number: VID 475 of 2021

Judgment of: MIDDLETON J

Date of judgment: 10 June 2022

Catchwords: MIGRATION – protection visa application – reasonable relocation – appeal from the Federal Circuit Court of Australia –whether unarticulated claim of objection to relocation on basis of ability of applicant to support family clearly emerged from review material – where objection dealt with in delegate's initial decision – whether Immigration Assessment Authority considered ability of applicant to support family in assessing reasonableness of relocation – appeal allowed

Legislation: Migration Act 1958 (Cth) s 5J(1)(c), s 36(2B)(a)

Cases cited: CAF17 v Minister for Home Affairs [2019] FCA 2203 ESQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 283 FCR 164; [2021] FCAFC 44 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628; [2018] FCAFC 225 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 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; [2004] FCAFC 263 NAVK v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1695 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437