CMB18 v Minister for Home Affairs

The applicant, CMB18, sought judicial review of a decision by the Immigration Assessment Authority (IAA) concerning their application for a protection visa. The applicant, a Shia Hazara from Afghanistan, had a father who was abducted by the Taliban in 2012. The dispute centred on whether the IAA had properly assessed the applicant's claims for protection.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the IAA had correctly applied the "relocation test" in assessing the applicant's protection claims. The court was also required to determine if the IAA had given proper regard to all the evidence it was obliged to consider when making its decision.

Judge Neville found that the IAA had properly applied the relocation test, which involves assessing whether an applicant could relocate to a safe part of their country of origin to avoid persecution. The court was satisfied that the IAA had considered all relevant evidence, including the applicant's background and the circumstances of their father's abduction. Ultimately, the court concluded that no relevant protection obligations were owed to the applicant under Australian law.

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