BWT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1286

BWT17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 1286 Appeal from:

File number:

Judgment of: KATZMANN J

Date of judgment: 8 November 2024

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Immigration Assessment Authority – where Authority affirmed decision of Minister's delegate not to grant appellant a Safe Haven Enterprise (Class XE) Subclass 790 visa – where Authority found appellant's fears not well‑founded outside local area – where question of relocation to another part of his country of nationality allegedly not considered by delegate and Authority found appellant able to relocate without risk – whether Authority failed to consider exercising its discretion under s 473DC of the Migration Act 1958 (Cth) to invite appellant to provide information about relocation within country of nationality – whether failure to invite appellant to provide further information about relocation legally unreasonable

Legislation: Administrative Review Tribunal (Consequential and Transitional Provisions No 1) Act 2024 (Cth) ss 2‑3; Sch 2, Pt 1, item 228, Sch 16, Pt 8, Div 1, item 42 Migration Act 1958 (Cth) ss 5AA, 36(2), 65, 474, Pt 7AA

AUS17 v Minister for Immigration and Border Protection (2020) 269 CLR 494 BNGP v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 298 FCR 609 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2003) 117 FCR 424 BVD17 v Minister for Immigration and Border Protection (2019) 268 CLR 29 CRI028 v Republic of Nauru [2018] HCA 24; 256 ALR 60 DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91 DGZ16 v Minister for Immigration and Border Protection (2018) 258 FCR 551 Cases cited: Minister for Immigration and Border Protection v CRY16 (2017) 253 FCR 475 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff M174/2016 v Minister for Immigration and Border Protection (2018) 264 CLR 217 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SZATV v Minister for Immigration and Citizenship (2007) 233 CLR 18 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152