AXE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 557

AXE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 557

The appeal was dismissed because the primary judge did not err in using the expression "extreme" illogicality, which appeared in Full Court authority, and the Authority's reasoning that the appellant could relocate to Kabul was not irrational, illogical or legally unreasonable. The Authority identified country information, considered the appellant's accepted characteristics and past experiences, and made factual findings open to it that the risks he faced in his home and nearby provinces did not give rise to a real chance of persecution or significant harm in Kabul.

Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Migration Appeal Concerning Judicial Review of a Protection Visa Refusal Affirmed by the Immigration Assessment Authority / Appeal From the Federal Circuit Court Refusing Constitutional Writ Relief; Leave Granted to File and Serve Amended Notice of Appeal; Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Protection' 'complementary Protection' 'relocation Within Country of Nationality' 'jurisdictional Error' 'legal Unreasonableness' 'illogicality or Irrationality' 'immigration Assessment Authority']
['migration Law' 'administrative Law'] ['protection Visa' 'refugee Protection' 'complementary Protection' 'relocation Within Country of Nationality' 'jurisdictional Error' 'legal Unreasonableness' 'illogicality or Irrationality' 'immigration Assessment Authority']

Case Brief

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Procedural Posture

Migration Appeal Concerning Judicial Review of a Protection Visa Refusal Affirmed by the Immigration Assessment Authority / Appeal From the Federal Circuit Court Refusing Constitutional Writ Relief; Leave Granted to File and Serve Amended Notice of Appeal; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the primary judge erred in not finding that the Immigration Assessment Authority committed jurisdictional error in assessing whether the appellant could relocate to Kabul.' 'Whether the primary judge erred by applying a test requiring "extreme" illogicality rather than illogicality in the Authority\'s reasons.' "Whether the Authority's conclusion that the appellant could safely relocate to Kabul was illogical, irrational or legally unreasonable."]

Ratio Decidendi

The appeal was dismissed because the primary judge did not err in using the expression "extreme" illogicality, which appeared in Full Court authority, and the Authority's reasoning that the appellant could relocate to Kabul was not irrational, illogical or legally unreasonable. The Authority identified country information, considered the appellant's accepted characteristics and past experiences, and made factual findings open to it that the risks he faced in his home and nearby provinces did not give rise to a real chance of persecution or significant harm in Kabul.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Leave be granted to the appellant to file and serve an amended notice of appeal in the form of the draft served on the first respondent on or before 25 May 2021.' 'The appeal be dismissed.' "The appellant pay the first respondent's costs."]