BIJ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1220

Federal Court of Australia

BIJ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1220 Appeal from: BIJ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 443

File number: VID 344 of 2022

Judgment of: SNADEN J

Date of judgment: 16 October 2023

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of a decision of the Immigration Assessment Authority (the "IAA") – where IAA rejected application for protection visa – where relocation was considered reasonable – whether IAA failed properly to consider objection to relocation based on asserted need for immediate employment – no jurisdictional error – no error on part of primary judge – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Migration Act 1958 (Cth) ss 5, 5AA, 5H, 35A, 36, 473BB, 473CA, 473DB, 476)

Cases cited: AHK16 v Minister for Immigration and Border Protection (2018) 161 ALD 457 BIJ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 443 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021) 274 CLR 398 Plaintiff M1/2021 v Minister for Home Affairs (2022) 96 ALJR 497 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593