Minister for Immigration and Border Protection v SZSCA

Migration – Refugees – Application for protection visa – Where applicantthreatened by Taliban – Where Refugee Review Tribunal affirmed decision notto grant protection visa because risk of persecution would only arise on roadsoutside Kabul, which applicant could avoid – Whether Refugee Review Tribunalfell into error identified in Appellant S395/2002 v Minister for Immigration andMulticultural Affairs (2003) 216 CLR 473; [2003] HCA 71 – Whether RefugeeReview Tribunal failed to address whether it would be reasonable to expectapplicant to remain in Kabul.

Words and phrases – "internal relocation principle", "live discreetly", "realchance of persecution", "reasonable to expect", "well-founded fear ofpersecution".

Migration Act 1958 (Cth) – s 36(2)(a).

Convention relating to the Status of Refugees (1951) as amended by the Protocolrelating to the Status of Refugees (1967), Art 1A(2).