EDK17 v Minister for Immigration and Border Protection [2018] FCA 1258

EDK17 v Minister for Immigration and Border Protection [2018] FCA 1258

The Immigration Assessment Authority's conclusion that it was not satisfied the alleged victim's family would be able to locate the appellant in Beirut had an evident, intelligible, logical and rational justification. The matters relied on by the appellant did not establish a causal nexus showing that the family would learn of his location, and the Authority identified the absence of links to Jabhat Al-Nusra, paramilitary organisations, or influence in Beirut. Its conclusion that the appellant would not face a real risk of significant harm if he relocated to Beirut was within the range of logical or rational conclusions available on the evidence, so no legal unreasonableness was shown.

Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Migration Appeal / Appeal From the Federal Circuit Court Dismissing an Application for Review of an Immigration Assessment Authority Decision
Outcome
Appeal dismissed.
Legal Topics
['safe Haven Enterprise Visa' 'complementary Protection' 'legal Unreasonableness' 'relocation Within Receiving Country' 'real Risk of Significant Harm']
['migration Law' 'administrative Law'] ['safe Haven Enterprise Visa' 'complementary Protection' 'legal Unreasonableness' 'relocation Within Receiving Country' 'real Risk of Significant Harm']

Case Brief

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Procedural Posture

Migration Appeal / Appeal From the Federal Circuit Court Dismissing an Application for Review of an Immigration Assessment Authority Decision

Legal Issues

  1. 1 ['Whether the primary judge erred by concluding that the Immigration Assessment Authority had not made a legally unreasonable finding of fact about whether the appellant would be located by the family of his alleged victim in Beirut.' "Whether there was a logical and rational basis for the Immigration Assessment Authority's conclusion that the appellant would not face a real risk of significant harm if he relocated to Beirut."]

Ratio Decidendi

The Immigration Assessment Authority's conclusion that it was not satisfied the alleged victim's family would be able to locate the appellant in Beirut had an evident, intelligible, logical and rational justification. The matters relied on by the appellant did not establish a causal nexus showing that the family would learn of his location, and the Authority identified the absence of links to Jabhat Al-Nusra, paramilitary organisations, or influence in Beirut. Its conclusion that the appellant would not face a real risk of significant harm if he relocated to Beirut was within the range of logical or rational conclusions available on the evidence, so no legal unreasonableness was shown.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]