DJY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 804

FEDERAL COURT OF AUSTRALIA

DJY16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 804 Appeal from: TYXB and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 9

File number: WAD 32 of 2020

Judge: COLVIN J

Date of judgment: 11 June 2020

Catchwords: MIGRATION - application for judicial review of decision of the Administrative Appeals Tribunal - where Tribunal affirmed decision of delegate to refuse to grant applicant's protection visa - where conceded that applicant convicted by final judgment of serious crime - whether Tribunal erred in failing to consider mitigating factors in assessment of whether applicant was a danger to Australian community - whether Tribunal failed to identify rational or probative basis for finding that applicant posed risk to Australian community - application dismissed

Legislation: Migration Act 1958 (Cth) ss 36, 476A, 501CA

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132 Hands v Minister for Immigration and Border Protection [2018] FCAFC 225; (2018) 267 FCR 628 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Minister for Immigration, Local Government and Ethnic Affairs v Taveli (1990) 23 FCR 162 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152