JFJF v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1401

Federal Court of Australia JFJF v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1401 Appeal from: JLJF and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 3888 (22 October 2021)

File number: NSD 1162 of 2021

Judgment of: MARKOVIC J

Date of judgment: 24 November 2022

Catchwords: MIGRATION – application for judicial review of a decision of the second respondent (Tribunal) affirming a decision of a delegate of the first respondent to refuse to grant the applicant a Protection visa – where the applicant has been convicted by final judgment of a particularly serious crime – where Tribunal found that the applicant is a danger to the Australian community – where the Tribunal gave a psychologist's report limited weight – whether it was unreasonable or irrational for the Tribunal to discount the psychologist's evidence – application dismissed

Legislation: Migration Act 1958 (Cth) ss 36(1C), 36(2C)(aa), 36(2C)(b)

Cases cited: DOB18 v Minister for Home Affairs (2019) 269 FCR 636 KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 279 FCR 1 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration v SZFVW (2018) 264 CLR 541 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v EBD20 (2021) 287 FCR 581 WKCG and Minister for Immigration and Citizenship [2009] AATA 512; 110 ALD 434