AZABO v Minister for Immigration and Citizenship [2012] FCA 525

AZABO v Minister for Immigration and Citizenship [2012] FCA 525

The decision-maker did not err in applying the internal relocation principle, as he adequately considered whether it was reasonable for the appellant, in his personal circumstances, to relocate to Kabul. The reviewer’s conclusions were open to him on the evidence, and no jurisdictional error was established. The possibility of travelling between Kandahar and Kabul was not material in the absence of an obligation to consider hypothetical routes or means of return. Accordingly, the Federal Magistrate’s affirmation of the reviewer’s approach was not in error.

Jurisdiction
Australia
Judgment Date
23 May 2012
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed.
Legal Topics
['internal Relocation Principle' 'refugee Status' 'reasonableness of Relocation' 'judicial Review' 'jurisdictional Error']
['migration Law'] ['internal Relocation Principle' 'refugee Status' 'reasonableness of Relocation' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the decision-maker correctly applied the internal relocation principle under the Migration Act 1958 (Cth) and the Refugee Convention by considering if it was reasonable for the applicant to relocate within Afghanistan to Kabul.' 'Whether the decision-maker failed to consider adequately the personal circumstances of the appellant in determining reasonableness of relocation.' 'Whether the practicality of travel from Kandahar to Kabul should have been considered.' 'Whether there was a failure to consider not only present but also future safety in the proposed place of relocation (Kabul).']

Ratio Decidendi

The decision-maker did not err in applying the internal relocation principle, as he adequately considered whether it was reasonable for the appellant, in his personal circumstances, to relocate to Kabul. The reviewer’s conclusions were open to him on the evidence, and no jurisdictional error was established. The possibility of travelling between Kandahar and Kabul was not material in the absence of an obligation to consider hypothetical routes or means of return. Accordingly, the Federal Magistrate’s affirmation of the reviewer’s approach was not in error.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondents' costs fixed in the sum of $6,105.00."]