EHV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 649

EHV18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 649

The Authority did not constructively fail to exercise jurisdiction. Its reasons, particularly at [30] and in context, sufficiently considered the appellant's relocation objections and personal circumstances, including family, employment, housing and available support in Kabul. The Authority was entitled to rely on the appellant's work history, lack of vulnerabilities, family contacts in Kabul and DFAT information about greater employment opportunities in Kabul. The appellant's submissions to the Authority were general, and the Authority's response was sufficiently detailed and supported by probative material. The reformulated ground was not made out, so the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
15 June 2021
Procedural Posture
Migration Appeal From the Federal Circuit Court Concerning Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise (subclass 790) Visa / Appeal to the Federal Court; Leave Granted to Raise a Reformulated Ground; Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['jurisdictional Error' 'constructive Failure to Exercise Jurisdiction' 'complementary Protection' 'relocation Within Country of Nationality' 'safe Haven Enterprise (subclass 790) Visa']
['migration' 'administrative Law'] ['jurisdictional Error' 'constructive Failure to Exercise Jurisdiction' 'complementary Protection' 'relocation Within Country of Nationality' 'safe Haven Enterprise (subclass 790) Visa']

Case Brief

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Procedural Posture

Migration Appeal From the Federal Circuit Court Concerning Judicial Review of an Immigration Assessment Authority Decision Affirming Refusal of a Safe Haven Enterprise (subclass 790) Visa / Appeal to the Federal Court; Leave Granted to Raise a Reformulated Ground; Appeal Dismissed

Legal Issues

  1. 1 ['Whether the Immigration Assessment Authority constructively failed to exercise jurisdiction by failing to consider and determine the reasonableness and practicability of the appellant relocating to Kabul.' "Whether the Authority sufficiently considered the appellant's individual circumstances, including family responsibilities, employment, housing, public services, overpopulation, clean water and sanitation, when assessing relocation to Kabul." "Whether the primary judge erred by not finding jurisdictional error in the Authority's decision."]

Ratio Decidendi

The Authority did not constructively fail to exercise jurisdiction. Its reasons, particularly at [30] and in context, sufficiently considered the appellant's relocation objections and personal circumstances, including family, employment, housing and available support in Kabul. The Authority was entitled to rely on the appellant's work history, lack of vulnerabilities, family contacts in Kabul and DFAT information about greater employment opportunities in Kabul. The appellant's submissions to the Authority were general, and the Authority's response was sufficiently detailed and supported by probative material. The reformulated ground was not made out, so the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

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