Recent Cases

DFO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 38 (15 March 2023) (BANKS-SMITH, JACKSON AND O’SULLIVAN JJ)


MIGRATION – applications for protection visas – appeals from Federal Circuit Court of Australia – where Administrative Appeals Tribunal found no substantial grounds for believing that appellants at real risk of significant harm on return to Iran – criterion for protection visa not met – where involuntary removal of non-citizen to Iran under s 198 of the Migration Act 1958 (Cth) not possible – where voluntary removal to Iran possible – whether s 36(2)(aa) of the Migration Act requires consideration of significant harm on removal to receiving country to proceed on assumption of involuntary return – whether prospect of removal by voluntary return wrongly considered – no jurisdictional error on part of Tribunal established – orders of Federal Circuit Court upheld