SZUJV v Minister for Immigration and Border Protection [2019] FCA 1467

SZUJV v Minister for Immigration and Border Protection [2019] FCA 1467

The Tribunal duly considered both the risk of harm and the applicant's individual circumstances when assessing the reasonableness and practicality of relocating to Karachi, properly applying the legal tests required under migration law. No jurisdictional error was found in the Tribunal's decision.

Parties
Applicant: SZUJV; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Refugee Review Tribunal
Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time to Appeal, Reasonableness of Relocation, Complementary Protection, Jurisdictional Error
Migration Law Administrative Law Extension of Time to Appeal Reasonableness of Relocation Complementary Protection Jurisdictional Error

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Parties

SZUJV

Applicant

Minister for Immigration and Border Protection

First Respondent

Refugee Review Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Judgment on Application for Extension of Time

Legal Issues

  1. 1 Whether the Tribunal applied the correct test in assessing the reasonableness of relocation to Karachi
  2. 2 Whether the Tribunal failed to have regard to the practicalities of relocation under complementary protection

Ratio Decidendi

The Tribunal duly considered both the risk of harm and the applicant's individual circumstances when assessing the reasonableness and practicality of relocating to Karachi, properly applying the legal tests required under migration law. No jurisdictional error was found in the Tribunal's decision.

Court Disposition

Application dismissed

Orders

  • The applicant's application filed on 11 February 2019 is dismissed.
  • The applicant is to pay the first respondent's costs of the application to be taxed failing agreement.