The Federal Court dismissed all grounds of judicial review of a Tribunal decision affirming refusal of a Protection visa under s 501(1) on character grounds, where the applicant held a Bridging Visa R and could not be involuntarily removed to Iran. The Court held that the Tribunal's use of a misleading heading ('2022 offending') for conduct occurring in 2016 did not constitute jurisdictional error where the reasons as a whole demonstrated awareness of the correct timeframe. The Court also held that the Tribunal's conclusion that any risk of reoffending was unacceptable — given the severity of potential harm — did not involve a misconstruction of Direction 110 paragraph 8.1 but was a permissible evaluative conclusion following a proper weighing exercise. On the treatment of paragraph 9.2 impediments, the Court accepted that where a protection finding meant the applicant could not be removed to Iran, the Tribunal was entitled to find that impediments upon removal to the home country did not arise.
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