AIE15 v Minister for Immigration and Border Protection [2018] FCA 610

AIE15 v Minister for Immigration and Border Protection [2018] FCA 610

The Tribunal fell into jurisdictional error because, having found that the frequency of attacks appeared to be increasing and that there had been a spate of attacks in Rawalpindi and Islamabad, it failed to consider whether that increase might continue in the reasonably foreseeable future and how it might affect the risk of persecution or significant harm to the appellant in the proposed relocation areas. The Federal Circuit Court should have found that error, so Grounds 1 and 2 of the appeal were established.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia
Outcome
Appeal allowed with costs.
Legal Topics
['protection Visa' 'well Founded Fear of Persecution' 'internal Relocation' 'reasonably Foreseeable Future' 'jurisdictional Error' 'shia Muslims in Pakistan']
['migration Law' 'administrative Law' 'refugee Law'] ['protection Visa' 'well Founded Fear of Persecution' 'internal Relocation' 'reasonably Foreseeable Future' 'jurisdictional Error' 'shia Muslims in Pakistan']

Case Brief

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Procedural Posture

Appeal From a Federal Circuit Court Decision Dismissing an Application for Judicial Review of a Refugee Review Tribunal Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal failed to consider whether the appellant had a well-founded fear of persecution in the proposed relocation areas within Pakistan in the reasonably foreseeable future.' 'Whether the Tribunal failed to consider the implications of its findings that attacks in Pakistan were increasing and that there had been a recent spate of attacks in Rawalpindi and Islamabad.' "Whether the Federal Circuit Court should have found jurisdictional error in the Tribunal's decision."]

Ratio Decidendi

The Tribunal fell into jurisdictional error because, having found that the frequency of attacks appeared to be increasing and that there had been a spate of attacks in Rawalpindi and Islamabad, it failed to consider whether that increase might continue in the reasonably foreseeable future and how it might affect the risk of persecution or significant harm to the appellant in the proposed relocation areas. The Federal Circuit Court should have found that error, so Grounds 1 and 2 of the appeal were established.

Court Disposition

Appeal allowed with costs.

Orders

  • ['The appeal is allowed.' "The first respondent is to pay the appellant's costs of the appeal as agreed or assessed." 'The orders made by the Federal Circuit Court of Australia on 15 March 2016 be set aside.' 'Order absolute in the first instance for a writ of certiorari to remove into the Court for the purpose of...