SLGS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 104

Federal Court of Australia

SLGS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 104 Appeal from: SLGS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1055

File number: WAD 197 of 2022

Judgment of: RARES, JACKSON AND SNADEN JJ

Date of judgment: 7 July 2023

Catchwords: MIGRATION - appeal - primary judge dismissed application for judicial review of decision of Administrative Appeals Tribunal - Tribunal affirmed refusal of protection visa application pursuant to s 36(1C)(b) of the Migration Act 1958 (Cth) - appellant convicted of domestic violence and other offences - meaning of 'a danger to the Australian community' - meaning of 'danger' - meaning of 'Australian community' - consideration of DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 84 - appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 5, 5M, 36, 65, 501

Cases cited: DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 84 DOB18 v Minister for Home Affairs [2019] FCAFC 63; 269 FCR 636 EN (Serbia) v Secretary of State for the Home Secretary [2010] QB 633 Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA 11; 97 ALJR 276 Re BHYK and Minister for Immigration and Citizenship [2010] AATA 662 Re WKCG and Minister for Immigration and Citizenship [2009] AATA 512 Suresh v Canada (Minister of Citizenship and Immigration) [2002] 1 SCR 3 Zaoui v Attorney-General (No 2) [2006] 1 NZLR 289