AZABP v Minister for Immigration and Citizenship [2012] FCA 447

AZABP v Minister for Immigration and Citizenship [2012] FCA 447

The appeal was dismissed because the Court adopted the reasons given in AZABQ v Minister for Immigration and Citizenship [2012] FCA 446 for rejecting the same contention, in circumstances where the relevant background, Tribunal reasoning and Federal Magistrates Court decision were materially the same.

Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Appeal From the Federal Magistrates Court of Australia / Federal Court Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'refugee Review Tribunal' 'well Founded Fear of Persecution' 'convention Reason' 'internal Relocation' 'judicial Review Appeal']

Case Brief

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Procedural Posture

Appeal From the Federal Magistrates Court of Australia / Federal Court Appeal

  1. 1 ["Whether the appeal from the Federal Magistrates Court's dismissal of the application to review the Refugee Review Tribunal decision should be dismissed." "Whether the Tribunal's conclusion that it was reasonable for the appellant to relocate elsewhere within Pakistan supported refusal of the protection visa claim."]

Ratio Decidendi

The appeal was dismissed because the Court adopted the reasons given in AZABQ v Minister for Immigration and Citizenship [2012] FCA 446 for rejecting the same contention, in circumstances where the relevant background, Tribunal reasoning and Federal Magistrates Court decision were materially the same.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' 'The appellant pay to the first respondent costs of the appeal.']