CQI16 v Minister for Immigration and Border Protection [2019] FCA 718

CQI16 v Minister for Immigration and Border Protection [2019] FCA 718

The IAA applied the correct legal standards regarding risk of harm and internal relocation, reached conclusions rationally open to it, and properly excluded the reasonableness test for internal relocation in accordance with the statutory framework. The appeal fails on all grounds.

Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Judicial Review Appeal / Appeal Decision
Outcome
Appeal dismissed
Legal Topics
['protection Visas' 'judicial Review' 'internal Relocation' 'legal Unreasonableness']
['migration Law' 'administrative Law'] ['protection Visas' 'judicial Review' 'internal Relocation' 'legal Unreasonableness']

Case Brief

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Procedural Posture

Judicial Review Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority misconstrued the law and asked the wrong question as to risk of harm' "Whether the IAA's decision was irrational or legally unreasonable" 'Whether correct internal relocation test was applied']

Ratio Decidendi

The IAA applied the correct legal standards regarding risk of harm and internal relocation, reached conclusions rationally open to it, and properly excluded the reasonableness test for internal relocation in accordance with the statutory framework. The appeal fails on all grounds.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.']