CRE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 563

CRE16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 563

On a fair reading of the Tribunal’s reasons as a whole, the Tribunal considered and rejected the appellant’s claims regarding risks associated with travel on the Thal-Parachinar road, both in terms of road closure and personal safety when the road was open. Accordingly, the Tribunal did not fall into jurisdictional error and the Federal Circuit Court did not err in dismissing the application for judicial review.

Parties
Appellant: CRE16; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Judicial Review, Jurisdictional Error, Risk of Harm, Refugees' Convention, Internal Relocation, Tribunal Decision, Security Situation
Migration Law Administrative Law Protection Visa Judicial Review Jurisdictional Error Risk of Harm Refugees' Convention Internal Relocation +2 more

Case Brief

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Parties

CRE16

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Tribunal considered and dealt with all of the appellant's claims regarding risk of harm, specifically risks arising from insecurity on the roads around his home area in Pakistan
  2. 2 Whether Federal Circuit Court erred in finding that the Tribunal considered the whole of the appellant’s claims regarding travel on the Thal-Parachinar road

Ratio Decidendi

On a fair reading of the Tribunal’s reasons as a whole, the Tribunal considered and rejected the appellant’s claims regarding risks associated with travel on the Thal-Parachinar road, both in terms of road closure and personal safety when the road was open. Accordingly, the Tribunal did not fall into jurisdictional error and the Federal Circuit Court did not err in dismissing the application for judicial review.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The Appellant pay the First Respondent's costs of the appeal.