DVF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 247

DVF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 247

The appeal was dismissed because the Authority was conscious of and considered the different refugee and complementary protection criteria, was entitled to rely on relevant findings made in considering the refugee criterion when assessing complementary protection, and considered whether removal to Afghanistan would expose the appellant to a real risk of significant harm including road travel and return to Jaghori. The Authority assessed the actual risk in the appellant's home district, relied on country information open to it, and its findings were not irrational, illogical, or based on asking the wrong question; accordingly the primary judge did not err in rejecting jurisdictional error.

Jurisdiction
Australia
Judgment Date
15 March 2024
Procedural Posture
Migration Appeal From Decision of the Federal Circuit Court and Family Court of Australia (division 2) Dismissing Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['protection Visa' 'temporary Protection Visa' 'refugee Criterion' 'complementary Protection' 'jurisdictional Error' 'real Risk of Significant Harm' 'irrationality or Illogicality' 'country Information' 'afghanistan' 'shia Hazara']
['migration Law' 'administrative Law' 'human Rights'] ['protection Visa' 'temporary Protection Visa' 'refugee Criterion' 'complementary Protection' 'jurisdictional Error' 'real Risk of Significant Harm' 'irrationality or Illogicality' 'country Information' 'afghanistan' 'shia Hazara']

Case Brief

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Procedural Posture

Migration Appeal From Decision of the Federal Circuit Court and Family Court of Australia (division 2) Dismissing Application for Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Protection Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the primary judge erred in failing to find that the Immigration Assessment Authority failed to consider whether the appellant faced a real risk of significant harm on the roads outside Kabul, including in accessing his home area, as a necessary and foreseeable consequence of his removal from Australia.' "Whether the primary judge erred in failing to find that the Immigration Assessment Authority's decision was based on an irrational finding in relation to the risk of harm in the Jaghori District, or alternatively an assessment reached by asking the wrong question."]

Ratio Decidendi

The appeal was dismissed because the Authority was conscious of and considered the different refugee and complementary protection criteria, was entitled to rely on relevant findings made in considering the refugee criterion when assessing complementary protection, and considered whether removal to Afghanistan would expose the appellant to a real risk of significant harm including road travel and return to Jaghori. The Authority assessed the actual risk in the appellant's home district, relied on country information open to it, and its findings were not irrational, illogical, or based on asking the wrong question; accordingly the primary judge did not err in rejecting jurisdictional error.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' "The appellant pay the first respondent's costs as agreed or taxed."]