SYLB v Minister for Immigration and Multicultural and Indigenous Affairs

In the case of SYLB v Minister for Immigration and Multicultural and Indigenous Affairs, the applicants, a married couple, sought judicial review of a decision by the Refugee Review Tribunal (the Tribunal) to refuse their applications for protection visas. The applicants, ethnic Albanians who had fled Kosovo and settled in Albania, argued that they faced persecution in Kosovo due to their ethnicity, religion, and the male applicant's desertion from the Kosovo Liberation Army (KLA). The Tribunal found that while the applicants had a well-founded fear of persecution in Kosovo, it was not reasonable to expect them to relocate to other parts of Kosovo to avoid persecution. This decision was challenged on the basis of the Tribunal's approach to internal relocation.

The legal issue before the court was whether the Tribunal erred in its assessment of whether it was reasonable to expect the applicants to relocate within Kosovo to avoid persecution. Specifically, the court had to determine if the Tribunal correctly applied the principle of internal relocation, which requires consideration of whether it is reasonable for an applicant to relocate to another part of their country of nationality where they may access effective protection from persecution.

The court considered the principle established in Randhawa v Minister for Immigration, Local Government and Ethnic Affairs, which held that a person cannot be said to be at risk of persecution if they can access effective protection in some part of their state of origin. The court found that the Tribunal did not err in its consideration of internal relocation. The Tribunal had considered the applicants' psychological state, the practical barriers to relocation, and the availability of protection in other parts of Kosovo. However, the court found that the Tribunal did not adequately consider the applicants' specific circumstances, including the male applicant's neurological condition and the severe stigma attached to rape victims in Kosovo.

Consequently, the court quashed the decision of the Tribunal and remitted the matter for reconsideration. The court also ordered the Minister to pay the applicants' costs.