BRF17 v Minister for Immigration

BRF17 (the applicant) sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their protection visa application. The applicant, who had arrived in Australia without a visa, was seeking protection on the basis of claims of persecution in their home country. The IAA had affirmed the Minister's decision to refuse to grant a protection visa.

The central legal issue before the Federal Circuit and Family Court of Australia was whether the IAA had failed to consider the reasonableness and practicality of internal relocation as a potential protection claim. Specifically, the applicant argued that the IAA had not adequately assessed whether they could relocate to a safe part of their home country to avoid the feared persecution.

Judge Jarrett found that the IAA's decision-making process did not demonstrate a proper consideration of the internal relocation issue. The Court held that the IAA was required to assess not only whether internal relocation was theoretically possible but also whether it was reasonable and practical in the applicant's specific circumstances, taking into account factors such as the applicant's personal circumstances and the nature of the feared persecution. The failure to undertake this assessment amounted to an error of law.

The Court quashed the IAA's decision and remitted the matter to the IAA for redetermination according to law.