SKFB v Minister for Immigration & Multicultural Affairs [2004] FCAFC 142

SKFB v Minister for Immigration & Multicultural Affairs [2004] FCAFC 142

The relocation principle does not require a person to modify beliefs or opinions or hide race, nationality or membership of a particular social group. It asks whether there is a real risk of persecution for a Convention reason if the applicant returns to the country of nationality and whether protection is available elsewhere in that country. Appellant S395/2002 did not cut across that principle. The tribunal's factual findings were supported by the material before it, so its decision was beyond challenge.

Jurisdiction
Australia
Judgment Date
25 May 2004
Procedural Posture
Appeal in Migration/refugee Protection Visa Proceedings / Full Court Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visa' 'convention Refugee' 'well Founded Fear of Persecution' 'relocation Principle' 'internal Flight Alternative' 'jurisdictional Error' 'review of Refugee Review Tribunal Decision']
['migration Law' 'refugee Law' 'administrative Law'] ['protection Visa' 'convention Refugee' 'well Founded Fear of Persecution' 'relocation Principle' 'internal Flight Alternative' 'jurisdictional Error' 'review of Refugee Review Tribunal Decision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal in Migration/refugee Protection Visa Proceedings / Full Court Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Refugee Review Tribunal erred in applying the relocation principle or internal flight alternative to conclude that the appellant could reasonably settle in another part of Fiji.' 'Whether Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 78 ALJR 180 undermined the relocation principle.' "Whether the tribunal's factual findings were supported by the material before it."]

Ratio Decidendi

The relocation principle does not require a person to modify beliefs or opinions or hide race, nationality or membership of a particular social group. It asks whether there is a real risk of persecution for a Convention reason if the applicant returns to the country of nationality and whether protection is available elsewhere in that country. Appellant S395/2002 did not cut across that principle. The tribunal's factual findings were supported by the material before it, so its decision was beyond challenge.

Court Disposition

Appeal dismissed with costs.

Orders

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