DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177

DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177

The Tribunal did not conflate the refugee and complementary protection criteria, appropriately considered the factual matrix and the credibility of the appellant, found no real risk or real chance of significant or serious harm from creditors or others, and was correct to conclude that the statutory criteria for protection, both as a refugee and under complementary protection, were not satisfied.

Jurisdiction
Australia
Judgment Date
10 November 2023
Procedural Posture
Appeal / Judgment
Outcome
The appeal is dismissed.
Legal Topics
['refugee Protection' 'complementary Protection' 'significant Harm' 'subjective Fear' 'judicial Review' 'jurisdictional Error']
['administrative Law' 'migration Law' 'human Rights Law'] ['refugee Protection' 'complementary Protection' 'significant Harm' 'subjective Fear' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the Tribunal misapplied s 36(2)(aa) of the Migration Act 1958 (Cth) by treating the appellant's subjective fear as required or relevant to complementary protection;" 'Whether the Tribunal constructively failed to consider whether harassment from unpaid creditors amounted to significant harm for complementary protection;' 'Whether the Tribunal failed to assess if harassment from unpaid creditors satisfied the refugee criterion of serious harm for a Convention reason.']

Ratio Decidendi

The Tribunal did not conflate the refugee and complementary protection criteria, appropriately considered the factual matrix and the credibility of the appellant, found no real risk or real chance of significant or serious harm from creditors or others, and was correct to conclude that the statutory criteria for protection, both as a refugee and under complementary protection, were not satisfied.

Court Disposition

The appeal is dismissed.

Orders

  • ['The appeal is dismissed.' "The appellant is to pay the first respondent's costs as agreed or taxed."]