MQGT v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 291

Federal Court of Australia

MQGT v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 291 Review of: MQGT and Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 3228

File number: WAD 226 of 2022

Judgment of: COLVIN J

Date of judgment: 3 April 2023

Catchwords: MIGRATION - application for judicial review of decision of the Australian Administrative Appeals Tribunal - where alleged jurisdictional error by reason of misapplying or misconstruing Direction No. 90 para 9.1(6) - where applicant alleged 'claimed harm' in para 9.1(6) refers to harm which gives rise to a non-refoulement obligation - consideration of Direction 90 para 9.1 - consideration of meaning of harm - consideration of materiality - application dismissed

Legislation: Migration Act 1958 (Cth) ss 499, 501, 501CA

Cases cited: Bochenski v Minister for Immigration and Border Protection [2017] FCAFC 68; (2017) 250 FCR 209 BOE21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 99 CWRG v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1382 DOB18 v Minister for Home Affairs [2019] FCAFC 63; (2019) 269 FCR 636 FCS17 v Minister for Home Affairs [2020] FCAFC 68; (2020) 276 FCR 644 FHHM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 19 Jagroop v Minister for Immigration and Border Protection [2016] FCAFC 48; (2016) 241 FCR 461 Meyrick v Minister for Home Affairs [2020] FCA 677 Minister for Immigration and Citizenship v Anochie [2012] FCA 1440; (2012) 209 FCR 497 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 Nathanson v Minister for Home Affairs [2022] HCA 26 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Uelese v Minister for Immigration and Border Protection [2016] FCA 348; (2016) 248 FCR 296