BCJ18 v Minister for Immigration

The applicant, BCJ18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) concerning their application for a protection visa. The dispute centred on whether the IAA had correctly applied the relevant provisions of the *Migration Act 1958* (Cth) and adequately considered all aspects of the applicant's claim, particularly in relation to relocation. The matter was heard in the Federal Circuit Court of Australia before Judge McNab.

The court was required to determine several key legal issues. These included whether the IAA had incorrectly construed the meaning of "exceptional circumstances" under section 473DD of the *Migration Act*, whether the IAA had unreasonably failed to exercise its power to obtain further information, and whether the IAA's finding regarding relocation was open to it on the evidence before it. Furthermore, the court had to assess whether the IAA had adequately considered the relocation issue in its assessment of the applicant's claim for complementary protection.

Judge McNab found that the IAA had not incorrectly construed the meaning of "exceptional circumstances" under section 473DD. However, the court determined that the IAA's finding that relocation was not a viable option for the applicant was not supported by the evidence. Crucially, the court held that the IAA had failed to adequately consider the relocation issue as part of its assessment of the applicant's claim for complementary protection. Consequently, the application was allowed, the IAA's decision was quashed, and a writ of mandamus was issued directing the IAA to determine the applicant's application according to law. The first respondent was ordered to pay the applicant's costs.