BTP18 v Minister for Home Affairs

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning the Applicant's application for a Safe Haven Enterprise Visa. The Applicant sought judicial review of the AAT's decision.

The primary legal issue before the Federal Circuit Court was whether the AAT had erred in law by taking an objective approach to consider whether the Applicant could relocate to a different region within Afghanistan. The court was required to determine if the AAT had properly considered all the evidence before it in reaching its conclusion.

Judge Neville held that the AAT had properly considered the evidence it was required to consider. The court found that the AAT's objective approach to assessing the possibility of internal relocation was not an error of law. The AAT had given proper regard to the evidence presented, and failing to consider such evidence would have amounted to an error of law, which it had not done.

The application for judicial review was dismissed, and the Applicant was ordered to pay costs.