The Federal Court dismissed a judicial review challenge to the Tribunal's refusal of a protection visa under ss 36(1C) and 36(2C)(b) of the Migration Act 1958 (Cth), holding that the Tribunal's reference to an AIC paper on sex offender registries went only to the weight attributed to one aspect of the deterrent framework and did not constitute a finding of a critical fact capable of establishing jurisdictional error. The Court held that the Tribunal's conclusion that the applicant's risk scenario arising from 'ordinary interactions in society' was not fanciful was intelligible and open on the evidence, and that the Tribunal's recording and consideration of the applicant's asserted compliance with SORA obligations constituted meaningful engagement, with complaints about the depth of that consideration amounting to impermissible merits review.
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