CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156

CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156

On a fair reading of the Authority’s reasons and the claims as made, it cannot be inferred the Immigration Assessment Authority failed to consider risk of violence in Kabul for the purpose of reasonableness of relocation; hence, no jurisdictional error arose and the appeal must be dismissed.

Parties
Appellant: CSZ16; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdictional Error, Reasonableness of Relocation, Risk of Violence in Kabul, Complementary Protection Assessment
Migration Law Administrative Law Jurisdictional Error Reasonableness of Relocation Risk of Violence in Kabul Complementary Protection Assessment

Case Brief

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Parties

CSZ16

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Immigration Assessment Authority considered the reasonableness of the appellant relocating to Kabul
  2. 2 Whether the Authority examined risk of violence in Kabul for the purposes of considering reasonableness of relocation
  3. 3 Whether jurisdictional error occurred by failure to consider relevant risks

Ratio Decidendi

On a fair reading of the Authority’s reasons and the claims as made, it cannot be inferred the Immigration Assessment Authority failed to consider risk of violence in Kabul for the purpose of reasonableness of relocation; hence, no jurisdictional error arose and the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs of the appeal, as agreed or taxed.