BRF17 v Minister for Immigration and Border Protection [2020] FCA 435

BRF17 v Minister for Immigration and Border Protection [2020] FCA 435

The appellant failed to identify any error in the Federal Circuit Court judge's decision, and the Court could detect no error, including in relation to the Authority's treatment of complementary protection and reasonableness of relocation; the appeal was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia
Outcome
Appeal dismissed with costs; first respondent's name amended.
Legal Topics
['judicial Review' 'complementary Protection' 'reasonableness of Relocation' 'appeal Error']
['migration' 'administrative Law'] ['judicial Review' 'complementary Protection' 'reasonableness of Relocation' 'appeal Error']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From a Decision of the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the appellant established any error in the decision of the Federal Circuit Court judge.' "Whether there was error in the Federal Circuit Court judge's treatment of the Authority's consideration of the complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth), including reasonableness of relocation."]

Ratio Decidendi

The appellant failed to identify any error in the Federal Circuit Court judge's decision, and the Court could detect no error, including in relation to the Authority's treatment of complementary protection and reasonableness of relocation; the appeal was therefore dismissed with costs.

Court Disposition

Appeal dismissed with costs; first respondent's name amended.

Orders

  • ['The name of the first respondent is amended to "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs".' "The appellant's notice of appeal filed 22 June 2018 is dismissed." "The appellant is to pay the first respondent's costs of the appeal to be taxed if not agreed."]