DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 84

Federal Court of Australia

DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 84 Appeal from: DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 514

File number(s): QUD 188 of 2022

Judgment of: RARES, THOMAS AND SNADEN JJ

Date of judgment: 30 May 2023

Catchwords: MIGRATION – appeal from decision of single judge of the Federal Court of Australia – where primary judge dismissed application for judicial review of decision of Administrative Appeals Tribunal – where delegate of the Minister refused protection visa application pursuant to s 36(1C)(b) of the Migration Act 1958 (Cth) – where appellant convicted of domestic violence offences – whether primary judge applied wrong test under s 36(1C)(b) of the Act – whether Tribunal erred in finding appellant posed "a danger to the Australian community" – consideration of meaning of "danger" – whether "Australian community" interpreted narrowly – Held: appeal dismissed

Legislation: Acts Interpretation Act 1901 (Cth), s 15AA Criminal Code Act 1995 (Cth), Criminal Code Divs 104-105A Migration Act 1958 (Cth), ss 5, 5M, 31, 36, 197C, 198, 500, 501 Migration Amendment Act 2014 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth) Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) Sentencing Act 1995 (WA), s 98 Explanatory Memorandum, Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014 (Cth) Convention Relating to the Status of Refugees, opened for signature on 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954), Art 33(2) Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1155 UNTS 331 (entered into force 27 January 1980), Arts 31-32