DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177

Federal Court of Australia

DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177 Appeal from: DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 564 DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2022] FedCFamC2G 905

File number(s): NSD 678 of 2022

Judgment of: PERRY, ABRAHAM AND GOODMAN JJ

Date of judgment: 10 November 2023

Catchwords: MIGRATION – whether Tribunal misapplied the complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth), because Tribunal treated appellant's subjective fear of harm as a relevant element of the complementary protection criterion – whether Tribunal fell into error because it had regard to subjective fear of harm in considering the complementary protection criterion – where nothing in language or purpose of s 36(2)(aa) indicates that a person's subjective belief is a mandatory irrelevant consideration – where subjective belief can be relevant to whether individual will suffer significant harm if returned to country of origin MIGRATION – whether Tribunal erred in failing to consider whether harassment from creditors satisfied the complementary protection criterion – where Tribunal found that any harm from creditors would not amount to "significant harm" – where no illogicality or irrationality Tribunal's finding – whether Tribunal erred in failing to find whether harassment by unpaid creditors constituted "serious harm" – where not necessary to make finding, because appellant had not established a "well-‍founded fear of persecution" in any event