DEO19 v Minister for Immigration, Citizenship, Multicultural Affairs and Migrant Services [2022] FCA 608

DEO19 v Minister for Immigration, Citizenship, Multicultural Affairs and Migrant Services [2022] FCA 608

The Immigration Assessment Authority erred by not considering the impact of relocation on the appellant's Hazara wife and children, despite this risk of societal discrimination and violence being raised in the material before it and in its findings, which was required by s 36(2B)(a) of the Migration Act. The failure constituted jurisdictional error.

Parties
Appellant: DEO19; First Respondent: Minister for Immigration, Citizenship, Multicultural Affairs and Migrant Services; Second Respondent: Immigration Assessment Authority
Jurisdiction
Australia
Judgment Date
24 May 2022
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Protection Visa, Reasonableness of Relocation, Jurisdictional Error, Complementary Protection, Assessment of Harm and Discrimination
Administrative Law Migration Law Human Rights Law Protection Visa Reasonableness of Relocation Jurisdictional Error Complementary Protection Assessment of Harm and Discrimination

Case Brief

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Parties

DEO19

Appellant

Minister for Immigration, Citizenship, Multicultural Affairs and Migrant Services

First Respondent

Immigration Assessment Authority

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Immigration Assessment Authority was required to consider the impact of relocation on the appellant's family when assessing the reasonableness of relocating within Pakistan under s 36(2B)(a) of the Migration Act 1958 (Cth)
  2. 2 Whether risk of societal discrimination and violence to Hazara family members was a relevant consideration
  3. 3 Whether failure to consider risks to the appellant’s family amounted to jurisdictional error

Ratio Decidendi

The Immigration Assessment Authority erred by not considering the impact of relocation on the appellant's Hazara wife and children, despite this risk of societal discrimination and violence being raised in the material before it and in its findings, which was required by s 36(2B)(a) of the Migration Act. The failure constituted jurisdictional error.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • The orders made by the Federal Circuit Court on 14 December 2020 be set aside.