CQU17 v Minister for Immigration

The applicant, CQU17, sought judicial review of a decision by the Immigration Assessment Authority (IAA) to refuse a protection visa. CQU17 claimed a fear of harm in Pakistan, with the IAA accepting that such a fear was well-founded in the applicant's home area. However, the IAA concluded that CQU17 would be safe in Islamabad and that it would be reasonable for the applicant to relocate there. The application was heard by Judge Driver in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the IAA's finding that CQU17 would be safe in Islamabad involved a misapplication of the "real chance" test, and whether this finding also constituted a failure to consider evidence that had been presented. CQU17 argued that these issues amounted to jurisdictional error.

Judge Driver found no jurisdictional error in the IAA's decision. The court determined that the IAA had correctly applied the "real chance" test in assessing the applicant's claims and had adequately considered the evidence before it when reaching its conclusions regarding the reasonableness of relocation to Islamabad.

Consequently, the application as amended on 8 May 2020 was dismissed.