BWB16 v Minister for Immigration and Border Protection [2018] FCAFC 158
The Authority properly assessed the reasonableness of relocation to Mazar-e-Sharif for the appellant, considering all relevant circumstances including the separation from his family, and did not misapply s 36(2B) of the Migration Act 1958 (Cth).
- Parties
- Appellant: BWB16; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Immigration Assessment Authority
- Jurisdiction
- Australia
- Judgment Date
- 19 September 2018
- Procedural Posture
- Appeal / Judgment on Appeal From Federal Circuit Court
- Outcome
- Appeal dismissed
- Legal Topics
- Judicial Review, Reasonableness of Relocation, Complementary Protection, Safe Haven Enterprise Visa, Significant Harm, Jurisdictional Error
Case Brief
Summary, issues, holding and outcome
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Parties
BWB16
Appellant
Minister for Immigration and Border Protection
First Respondent
Immigration Assessment Authority
Second Respondent
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Legal Issues
- 1 Whether the Immigration Assessment Authority misapplied s 36(2B) of the Migration Act 1958 (Cth) in assessing reasonableness of relocation for the appellant to Mazar-e-Sharif, separating him from his family
Ratio Decidendi
The Authority properly assessed the reasonableness of relocation to Mazar-e-Sharif for the appellant, considering all relevant circumstances including the separation from his family, and did not misapply s 36(2B) of the Migration Act 1958 (Cth).
Court Disposition
Appeal dismissed
Orders
- The appeal be dismissed.
- The appellant pay the first respondent's costs as agreed or taxed.
Full Case Text
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