AEJ17 v Minister for Immigration

In AEJ17 v Minister for Immigration, the applicant sought judicial review of a decision by the Minister for Immigration, which had affirmed a delegate's decision to refuse to grant a protection visa. The applicant, an Afghan national, contended that the delegate had failed to adequately consider the reasonableness of relocating to Kabul, a major city within Afghanistan, as an alternative to returning to their home area, which the applicant argued would be unsafe. The matter came before Judge McNab in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the delegate had properly considered the reasonableness of the applicant's relocation to Kabul, having regard to the applicant's circumstances and the general safety situation in Afghanistan. This involved an assessment of whether the delegate had given adequate weight to the applicant's evidence and submissions concerning the risks associated with living in Kabul, and whether the delegate's conclusion that relocation was reasonable was supported by the evidence and the relevant legal framework governing protection visas.

Judge McNab found that the delegate had erred in law by failing to give adequate consideration to the reasonableness of relocation to Kabul. The Court reasoned that while a delegate is entitled to consider relocation as a factor in determining whether protection is owed, this consideration must be based on a thorough and objective assessment of the applicant's individual circumstances and the prevailing conditions in the proposed place of relocation. The delegate's assessment was found to be deficient in this regard, leading to an unreasonable conclusion. Consequently, the Court issued the writs sought by the applicant.