FSKY v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2022] FCA 541

Federal Court of Australia

FSKY v Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs [2022] FCA 541 Review of: Decision of the Administrative Appeals Tribunal delivered by Senior Member DJ Morris on 30 June 2021

File number(s): VID 436 of 2021

Judgment of: ROFE J

Date of judgment: 12 May 2022

Catchwords: MIGRATION – application for judicial review – protection visa – where applicant satisfies refugee criterion in s 36(2)(a) – where visa refused because criterion in s 36(1C)(b) not met – whether applicant is a danger to the Australian community – whether Tribunal erred in its assessment of danger – whether Tribunal erred by failing to consider length of time since applicant's offending and heroin use – whether Tribunal erred by failing to give appropriate consideration to the link between the applicant's heroin use and his risk of reoffending – application dismissed

Legislation: Migration Act 1958 (Cth) Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth)

Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 DOB18 v Minister for Home Affairs (2019) 269 FCR 636 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 279 FCR 1 Minister for Home Affairs v Omar (2019) 272 FCR 589 Re WKCG and Minister for Immigration and Citizenship (2009) 110 ALD 434 Singh v Minister for Home Affairs (2019) 267 FCR 200