DVF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 247

Federal Court of Australia

DVF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] FCA 247 Appeal from: DVF18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 135

File number(s): SAD 199 of 2021

Judgment of: O'SULLIVAN J

Date of judgment: 15 March 2024

Catchwords: MIGRATION — appeal from decision of the Federal Circuit Court and Family Court of Australia (Division 2) dismissing application for judicial review of decision of Immigration Assessment Authority not to grant protection visa — whether the primary judge erred in not finding the Authority failed to consider a real risk of significant harm as a necessary and foreseeable consequence of removal — whether the primary judge erred in not finding the Authority reached an irrational or illogical decision — appeal dismissed

Legislation: Migration Act 1958 (Cth), ss 5H(1), 36(2)(a), 36(2)(aa), 36(2A)

Cases cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Chan v Minister for Immigration and Ethnic Affairs [1989] HCA 62; (1989) 169 CLR 379 CID15 v Minister for Immigration and Border Protection [2017] FCA 780 DQU16 v Minister for Home Affairs (2021) 95 ALJR 352, [2021] HCA 10 EGZ17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FedCFamC2G 10 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33; (2013) 210 FCR 505 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611 NAHI v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 10 Rawson v Federal Commissioner of Taxation [2013] FCAFC 26; (2013) 59 AAR 221