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DGYT v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 438

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MIGRATION - application under s 476A of the Migration Act 1958 (Cth) to quash a decision of the Administrative Appeals Tribunal - whether there were serious reasons for considering the applicant had committed serious non-political crimes under ss 5H(2)(b) and 36(2C)(a)(ii) - whether the Tribunal erred in construing or applying the "serious reasons for considering" threshold or alternatively such a finding was not open on the materials before the Tribunal - whether the Tribunal erred by failing to identify the alleged crime and consider the elements of the alleged crime - whether the Tribunal erred in exercise of its jurisdiction or failed to take into account a relevant consideration namely the applicant's employment claims - whether the Tribunal erred when construing the "serious reasons for considering" the generally serious consequences of refoulement - whether the Tribunal failed to perform its function by relying on findings made by the delegate - application allowed

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