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

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

The primary judge did not err. The claim that DKT20 would engage in similar anti-corruption activity on return to Iraq was not expressly advanced before the Tribunal and did not clearly emerge from the material, which concerned past conduct. The Tribunal's finding that DKT20 had no well-founded fear of persecution and no real risk of significant harm had a rational and logical foundation in its reasons, including the matters listed at [114], and was not legally unreasonable, illogical or irrational. The appellants' challenges largely sought merits review of factual findings.

Jurisdiction
Australia
Judgment Date
09 November 2023
Procedural Posture
Migration Appeal From Judgment of the Federal Circuit Court of Australia Dismissing Judicial Review of an Administrative Appeals Tribunal Protection Visa Decision / Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
['protection Visas' 'refugee Criterion' 'complementary Protection' 'jurisdictional Error' 'failure to Consider Claims' 'illogicality, Irrationality and Legal Unreasonableness' 'corroborative Evidence' 'fear of Persecution']
['migration' 'administrative Law' 'judicial Review'] ['protection Visas' 'refugee Criterion' 'complementary Protection' 'jurisdictional Error' 'failure to Consider Claims' 'illogicality, Irrationality and Legal Unreasonableness' 'corroborative Evidence' 'fear of Persecution']

Case Brief

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Procedural Posture

Migration Appeal From Judgment of the Federal Circuit Court of Australia Dismissing Judicial Review of an Administrative Appeals Tribunal Protection Visa Decision / Appeal Dismissed

Legal Issues

  1. 1 ['Whether the primary judge erred in failing to find that the Tribunal failed to consider the risk to DKT20 of engaging in anti-corruption activity in the future if returned to Iraq.' "Whether the primary judge erred in failing to find that the Tribunal's conclusion that there was no real chance of harm to DKT20 in Iraq was illogical, irrational or legally unreasonable."]

Ratio Decidendi

The primary judge did not err. The claim that DKT20 would engage in similar anti-corruption activity on return to Iraq was not expressly advanced before the Tribunal and did not clearly emerge from the material, which concerned past conduct. The Tribunal's finding that DKT20 had no well-founded fear of persecution and no real risk of significant harm had a rational and logical foundation in its reasons, including the matters listed at [114], and was not legally unreasonable, illogical or irrational. The appellants' challenges largely sought merits review of factual findings.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellants pay the first respondent's costs, to be taxed if not agreed."]