APE16 v Minister for Home Affairs [2020] FCAFC 93

APE16 v Minister for Home Affairs [2020] FCAFC 93

The Tribunal failed to make a finding as to the place where the appellant was likely to return, and did not properly address whether relocation to Port Moresby would be reasonable under s 36(2B)(a) of the Migration Act 1958 (Cth); this constituted a jurisdictional error warranting the appeal being allowed.

Parties
Appellant: APE16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
27 May 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Complementary Protection, Protection Visas, Judicial Review, Internal Relocation, Significant Harm, Jurisdictional Error
Migration Law Administrative Law Human Rights Complementary Protection Protection Visas Judicial Review Internal Relocation Significant Harm +1 more

Case Brief

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Parties

APE16

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Did the Tribunal err by failing to find where the appellant was likely to return in Papua New Guinea?
  2. 2 Did the Tribunal apply the correct internal relocation principle under s 36(2B)(a) of the Migration Act 1958 (Cth)?
  3. 3 Was there a jurisdictional error due to the Tribunal's failure to discharge its statutory function?

Ratio Decidendi

The Tribunal failed to make a finding as to the place where the appellant was likely to return, and did not properly address whether relocation to Port Moresby would be reasonable under s 36(2B)(a) of the Migration Act 1958 (Cth); this constituted a jurisdictional error warranting the appeal being allowed.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • Paragraphs 2 and 3 of the order of the Federal Circuit Court of Australia made on 24 August 2018 be set aside; instead, a writ of certiorari issue to the Administrative Appeals Tribunal quashing its decision dated 13 November 2015, and a writ of mandamus issue requiring it to determine the applicant's application...