CZE17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1367

Federal Court of Australia

CZE17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1367 Appeal from: CZE17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 16

File number: VID 63 of 2022

Judgment of: SNADEN J

Date of judgment: 10 November 2023

Catchwords: MIGRATION – appeal from the Federal Circuit and Family Court of Australia (Division 2) – where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal – whether tribunal failed to apply correct test in relation to relocation – whether Tribunal and FCFCOA erred in failing to find the appellant was a conscientious objector – whether Tribunal and FCFCOA failed to give due consideration to refoulement and complementary protection – appeal dismissed

Legislation: Federal Court Act 1976 (Cth), ss 37AF, 37AG, 37AH and 91X Migration Act 1958 (Cth), ss 35A and 36 Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 150 (entered into force 22 April 1954) Protocol Relating to the Status of Refugees, opened for signature 31 January 1967, 606 UNTS 267 (entered into force 4 October 1967)

Cases cited: AAM15 and Others v Minister for Immigration and Border Protection and Another (2015) 231 FCR 452 Abebe v Commonwealth of Australia (1999) 197 CLR 510 CZE17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 16 Federal Commissioner of Taxation v York Motors Pty Ltd (1946) 73 CLR 459 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 NAGV and NAGW of 2022 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 222 CLR 161 PXYJ v Minister for Home Affairs [2018] FCAFC 193 VUAX v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 238 FCR 588