BUY15 v Minister for Immigration and Border Protection [2017] FCA 22

BUY15 v Minister for Immigration and Border Protection [2017] FCA 22

The Federal Court found no error of law or jurisdictional error in the FCCA judge's decision or the Tribunal's findings. The Tribunal considered the correct test for internal relocation, found the risk of harm was remote in Lahore, and determined it was reasonable and practicable for the appellant to relocate there. The appeal was dismissed as the grounds raised amounted only to challenges to factual findings and did not demonstrate legal error.

Jurisdiction
Australia
Judgment Date
31 January 2017
Procedural Posture
Appeal / Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'internal Relocation' 'protection Visa' 'jurisdictional Error' 'reasonableness of Relocation']
['migration Law' 'administrative Law'] ['judicial Review' 'internal Relocation' 'protection Visa' 'jurisdictional Error' 'reasonableness of Relocation']

Case Brief

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Procedural Posture

Appeal / Appellate Judgment

Legal Issues

  1. 1 ['Whether the FCCA judge misapplied the law regarding relocation within the country of nationality' 'Whether the Tribunal erred in assessing the risk of harm to the appellant upon relocation to Lahore' 'Whether it was reasonable to expect the appellant to relocate within Pakistan']

Ratio Decidendi

The Federal Court found no error of law or jurisdictional error in the FCCA judge's decision or the Tribunal's findings. The Tribunal considered the correct test for internal relocation, found the risk of harm was remote in Lahore, and determined it was reasonable and practicable for the appellant to relocate there. The appeal was dismissed as the grounds raised amounted only to challenges to factual findings and did not demonstrate legal error.

Court Disposition

Appeal dismissed

Orders

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