Federal Court of Australia
Federal Court of Australia
BDU22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 819 Appeal from: BDU22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 273
File number: QUD 105 of 2022
Judgment of: THOMAS J
Date of judgment: 19 July 2023
Catchwords: MIGRATION – Safe Haven Enterprise Visa – refusal – appeal from orders of a Judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing application for judicial review – whether the Immigration Assessment Authority (IAA) failed to consider a claim raised before it – whether it was reasonable for the appellant to relocate in Afghanistan – whether the IAA misconstrued or overlooked a psychologist's report – IAA understood and addressed the claim put forward in the psychologist's report – where primary judge found that the IAA had addressed the claims – no error identified – whether the IAA should have found that relocation would amount to persecution or serious harm – IAA comprehensively dealt with the likelihood of risk of harm – materiality – appeal dismissed
Legislation: Migration Act 1958 (Cth)
Cases cited: Applicant WAEE v Minister for Immigration & Multicultural & Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 BDU22 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 273 CAF17 v Minister for Home Affairs [2019] FCA 2203 CAF17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 356 FLR 298; [2021] FCCA 93 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352; [2017] FCAFC 107 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 SCAT v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 80
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