DQA17 v Minister for Immigration & Anor

The applicant, DQA17, sought judicial review of a decision by the Immigration Assessment Authority (IAA) concerning their application for a protection visa. The core of the dispute revolved around the IAA's assessment of whether it was reasonable for the applicant to relocate within Afghanistan, specifically to Kabul, and whether this relocation would expose them to a real risk of serious harm.

The court was required to determine whether the IAA had made findings that were not open to it, thereby committing jurisdictional error. Additionally, the court considered whether the IAA had erred in its assessment of the real risk of serious harm to the applicant. A further question arose regarding leave to file an amended application, which sought to add a ground alleging that the IAA had committed jurisdictional error by failing to consider section 473DD of the *Migration Act 1958* (Cth) when assessing new information provided by the applicant.

Justice Smith found no jurisdictional error in the IAA's decision. The court reasoned that the IAA's findings were open to it based on the evidence before it and that its assessment of the risk of harm upon relocation to Kabul was not demonstrably unreasonable. Consequently, the application for judicial review was dismissed. Leave to file the amended application, adding the ground related to section 473DD, was refused.