CID15 v Minister for Immigration and Border Protection [2017] FCA 780

CID15 v Minister for Immigration and Border Protection [2017] FCA 780

The Tribunal erred by misapplying the 'real chance' test in its internal relocation analysis, adopting a comparative 'relative' approach (assessing if relocation areas were safer than the home area) instead of objectively determining whether there was a real chance of harm in the proposed relocation areas. This amounted to jurisdictional error, and the primary judge also erred by not identifying this error.

Jurisdiction
Australia
Judgment Date
12 July 2017
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court
Outcome
Appeal allowed
Legal Topics
['protection Visa' 'internal Relocation' 'jurisdictional Error' "'real Chance' Test" 'refugee Law' 'judicial Review']
['migration Law' 'administrative Law' 'human Rights'] ['protection Visa' 'internal Relocation' 'jurisdictional Error' "'real Chance' Test" 'refugee Law' 'judicial Review']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court

Legal Issues

  1. 1 ["Whether the Tribunal adopted a relative rather than objective approach in applying the 'real chance' test in assessing internal relocation under the Migration Act 1958 (Cth) s 36." "Whether the Federal Circuit Court erred by concluding the Tribunal did not misapply the 'real chance' test."]

Ratio Decidendi

The Tribunal erred by misapplying the 'real chance' test in its internal relocation analysis, adopting a comparative 'relative' approach (assessing if relocation areas were safer than the home area) instead of objectively determining whether there was a real chance of harm in the proposed relocation areas. This amounted to jurisdictional error, and the primary judge also erred by not identifying this error.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The orders made by the Federal Circuit Court of Australia on 30 November 2016 be set aside.' 'An order in the nature of certiorari to quash the decision of the Administrative Appeals Tribunal dated 23 October 2015.' 'An order in the nature of mandamus requiring the Administrative Appeals...