FSKY v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 2

Federal Court of Australia

FSKY v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 2 Appeal from: FSKY v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2022] FCA 541

File number: VID 329 of 2022

Judgment of: FARRELL, ANDERSON AND RAPER JJ

Date of judgment: 20 January 2023

Catchwords: MIGRATION – appeal from orders of the Federal Court of Australia affirming a decision of the Administrative Appeals Tribunal (Tribunal) not to grant a protection visa by reason of the appellant being a danger to the Australian community – whether the Tribunal's reasons were illogical or irrational in finding both that there was a low to moderate risk of recidivism and that the appellant still posed a danger to the Australian community – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5, 5M, 36, 36(1C), 36(2), 501(3A), 501(6), 501(7) Convention relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954) Art 33(2)

Cases cited: DOB18 v Minister for Home Affairs [2019] FCAFC 63; 269 FCR 636 FSKY v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2022] FCA 541 Haritos v Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 108; 279 FCR 1 O'Brien v Komesaroff [1982] HCA 33; 150 CLR 310 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 WGKS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1060 FSKY and Minister for Home Affairs (Migration) [2018] AATA 4183 FSKY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 2037 WKCG and Minister for Immigration and Citizenship [2009] AATA 512