SZVWD v Minister for Immigration and Border Protection [2017] FCA 563

SZVWD v Minister for Immigration and Border Protection [2017] FCA 563

There was no jurisdictional error by the Tribunal since the appellant did not identify any actual intention or need to travel within Pakistan, nor was a claim made that reasonably called for the Tribunal to consider the internal relocation principle as discussed in SZSCA. The appeal must be dismissed with costs.

Parties
Appellant: SZVWD; First Respondent: Minister for Immigration and Border Protection; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Appeal / Appeal From the Federal Circuit Court of Australia to the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
Protection Visa, Internal Relocation, Refugee Status Determination, Jurisdictional Error
Migration Law Protection Visa Internal Relocation Refugee Status Determination Jurisdictional Error

Case Brief

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Parties

SZVWD

Appellant

Minister for Immigration and Border Protection

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Appeal From the Federal Circuit Court of Australia to the Federal Court of Australia

Legal Issues

  1. 1 Whether the Tribunal failed to consider a claim that the appellant feared persecution relating to travel outside his home area or region in Pakistan
  2. 2 Whether the Tribunal failed to correctly apply the principle analogous to internal relocation as discussed in SZSCA

Ratio Decidendi

There was no jurisdictional error by the Tribunal since the appellant did not identify any actual intention or need to travel within Pakistan, nor was a claim made that reasonably called for the Tribunal to consider the internal relocation principle as discussed in SZSCA. The appeal must be dismissed with costs.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs, as agreed or taxed.