Federal Court of Australia
Federal Court of Australia
EFZ21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1033 Appeal from: Application for judicial review from: CYTW and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 3887
File number: VID 728 of 2021
Judgment of: MOSHINSKY J
Date of judgment: 5 September 2022
Catchwords: MIGRATION – protection visa – where the Tribunal found that the applicant was ineligible for the grant of a protection visa on the basis that, having been convicted by a final judgment of a particularly serious crime, he was a danger to the Australian community as referred to in s 36(1C)(b) of the Migration Act 1958 (Cth) – whether the Tribunal fell into jurisdictional error in its consideration of whether the applicant was a danger to the Australian community – application dismissed
Legislation: Migration Act 1958 (Cth), ss 5, 5M, 36, 501
Cases cited: ARG15 v Minister for Immigration and Border Protection (2016) 250 FCR 109 Carrascalao v Minister for Immigration and Broder Protection (2017) 252 FCR 352 CQG15 v Minister for Immigration and Border Protection (2016) 253 FCR 496 DOB18 v Minister for Home Affairs (2019) 269 FCR 636 LKQD v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) 167 ALD 17 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67 Minister for Immigration and Border Protection v SZUXN (2016) 69 AAR 210 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EBD20 (2021) 287 FCR 581 PNLB and Minister for Immigration and Border Protection [2018] AATA 162 Singh v Minister for Home Affairs (2019) 267 FCR 200 WKCG v Minister for Immigration and Citizenship (2009) 110 ALD 434
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