Federal Court of Australia
Federal Court of Australia
DFO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 38 Appeal from: DFO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3351; and APM19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 2513
File number: WAD 304 of 2020 SAD 145 of 2020
Judgment of: BANKS-SMITH, JACKSON AND O'SULLIVAN JJ
Date of judgment: 15 March 2023
Catchwords: MIGRATION - applications for protection visas - appeals from Federal Circuit Court of Australia - where Administrative Appeals Tribunal found no substantial grounds for believing that appellants at real risk of significant harm on return to Iran - criterion for protection visa not met - where involuntary removal of non-citizen to Iran under s 198 of the Migration Act 1958 (Cth) not possible - where voluntary removal to Iran possible - whether s 36(2)(aa) of the Migration Act requires consideration of significant harm on removal to receiving country to proceed on assumption of involuntary return - whether prospect of removal by voluntary return wrongly considered - no jurisdictional error on part of Tribunal established - orders of Federal Circuit Court upheld
Legislation: Migration Act 1958 (Cth) ss 36, 189, 196, 198
Cases cited: Al-Kateb v Godwin [2004] HCA 37; (2004) 219 CLR 562 Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71; (2003) 216 CLR 473 Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 CLS15 v Federal Circuit Court of Australia [2017] FCA 577 DBO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1218 DQU16 v Minister for Home Affairs [2021] HCA 10; (2021) 273 CLR 1 DUP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1063 EYJ17 v Minister for Immigration and Border Protection [2019] FCA 347 GLD18 v Minister for Home Affairs [2020] FCAFC 2 Minister for Home Affairs v EWP17 [2019] FCA 205 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 Minister for Immigration and Ethnic Affairs v Guo Wei Rong (1997) 191 CLR 559 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Khawar [2002] HCA 14; (2002) 210 CLR 1 Minister for Immigration and Multicultural Affairs v Respondent S152/2003 [2004] HCA 18, (2004) 222 CLR 1 MNLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 35; (2021) 283 FCR 525 Plaintiff S4/2014 v Minister for Immigration and Border Protection [2014] HCA 34; (2014) 253 CLR 219 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 SZUNZ v Minister for Immigration and Border Protection [2015] FCAFC 32; (2015) 230 FCR 272
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