SZUJT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 612

SZUJT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 612

The Tribunal did not err in conflating statutory criteria, adequately assessed reasonableness of relocation, properly rejected corroborative evidence, and the breach of procedural fairness regarding non-disclosure of the s 438 certificate was not material, as the certificate was valid and not relied upon in the Tribunal's decision. Therefore, the appeal must be dismissed.

Parties
Appellant: SZUJT; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Protection Visas, Refugee Status, Complementary Protection, Procedural Fairness, Internal Relocation, Credibility Assessment, Public Interest Immunity, Document Fraud
Migration Administrative Law Human Rights Protection Visas Refugee Status Complementary Protection Procedural Fairness Internal Relocation +3 more

Case Brief

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Parties

SZUJT

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal conflated criteria in ss 36(2)(a) and (aa) of the Migration Act 1958 (Cth)
  2. 2 Whether the Tribunal properly considered the reasonableness of relocation within Pakistan
  3. 3 Whether the Tribunal imposed a requirement on the applicant to prove specific targeting for harm

Ratio Decidendi

The Tribunal did not err in conflating statutory criteria, adequately assessed reasonableness of relocation, properly rejected corroborative evidence, and the breach of procedural fairness regarding non-disclosure of the s 438 certificate was not material, as the certificate was valid and not relied upon in the Tribunal's decision. Therefore, the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The name of the first respondent is amended to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs.
  • The appeal is dismissed.