DKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1372

Federal Court of Australia

DKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1372 Appeal from: DKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 839

File number: QUD 164 of 2021

Judgment of: THOMAS J

Date of judgment: 9 November 2023

Catchwords: MIGRATION – appeal from judgment of the Federal Circuit Court of Australia (FCCA) – where FCCA dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate of Minister to refuse to grant the appellants protection visas – where first appellant had engaged in anti-corruption activity in past – where Tribunal found the appellants' fears of persecution were not well-founded and appellants did not face a real risk of significant harm – whether FCCA erred in failing to find that the Tribunal failed to consider the risk to the appellants of the first appellant engaging in future anti-corruption conduct – whether FCCA erred in failing to find that the Tribunal's decision was illogical, irrational or legally unreasonable – no errors made out – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 AYY17 v Minister for Immigration and Border Protection (2018) 261 FCR 503; [2018] FCAFC 89 BKW17 v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 296 FCR 115; [2023] FCAFC 1 DJL19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 451 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 289 FCR 21; [2022] FCAFC 3 DKT20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 839 Dranichnikov v Minister for Immigration & Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158; [2016] FCAFC 28 Minister for Immigration and Border Protection v Haq (2019) 267 FCR 513; [2019] FCAFC 7 Minister for Immigration and Citizenship v SZIAI (2009) 259 ALR 429; [2009] HCA 39 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16 Onyebuchi v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1183 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158