CLN16 v Minister for Immigration

This matter concerned an appeal by CLN16 against a decision of the Administrative Appeals Tribunal (the Tribunal) regarding a protection visa application. The core of the dispute revolved around whether the Tribunal had adequately considered the applicant's claim concerning a lack of family support as a factor impacting the reasonableness of internal relocation within Pakistan.

The legal issues before the Court were whether the Tribunal had overlooked the applicant's claim regarding family support and whether it had conflated the two limbs of the relocation test. Specifically, the Court was required to determine if the Tribunal had properly assessed the safety and reasonableness of the applicant relocating to areas of Pakistan outside his home region, taking into account the personal circumstances and available support mechanisms.

The Court reasoned that the applicant's submission about lacking family support was a relevant factor that the Tribunal was obliged to consider within the broader assessment of internal relocation. Drawing on established principles from cases such as *SZMCD v Minister for Immigration & Citizenship* and *SZATV v Minister for Immigration & Citizenship*, the Court emphasised that the personal circumstances of an applicant, including the absence of family networks or local support, are crucial in judging the realism of internal relocation. The Court found that while the Tribunal acknowledged the applicant's submission about family support and noted its importance to him, it needed to engage with this issue and give it sufficient consideration within the overall assessment of reasonableness. The Court indicated that an over-reliance on a checklist approach, rather than a holistic appreciation of the applicant's situation, could lead to jurisdictional error.