DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 514

Federal Court of Australia

DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 514 Appeal from: Application for judicial review of a decision of the Administrative Appeals Tribunal delivered on 22 June 2020 by Member Tigiilagi Eteuati

File number(s): QUD 323 of 2020

Judgment of: COLLIER J

Date of judgment: 6 May 2022

Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal affirming the respondent's decision that the applicant was not eligible for a protection visa pursuant to s 36(1C)(b) of the Migration Act 1958 (Cth) – whereas the applicant was convicted of a serious crime for the purposes of s 36(1C)(b) – whether the Tribunal applied the correct test as to posing a danger to the Australian community – whether the Tribunal failed to properly consider relevant evidence – correct test so applied – relevant evidence was considered and weighted correctly – application dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Abebe v The Commonwealth (1999) 197 CLR 510 Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132 BCR16 v Minister for Immigration and Border Protection [2017] FCAFC 96 DCR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 229 DOB18 v Minister for Home Affairs [2019] FCAFC 63 EBD20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 334 MHCZ and Minister for Home Affairs (Migration) [2019] AATA 4259 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32 SZOQQ v Minister for Immigration and Citizenship [2012] FCAFC 40 WKCG and Minister for Immigration and Citizenship [2009] AATA 512