CNY17 v Minister for Immigration

CNY17 (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who is of Vietnamese nationality, claimed to have a well-founded fear of persecution in Vietnam due to their alleged involvement in a criminal organisation. The matter came before Judge Street in the Federal Circuit Court of Australia.

The central legal issue before the Court was whether the applicant's alleged involvement in a criminal organisation constituted a "serious non-political crime" committed in Australia, which would render them ineligible for a protection visa under section 36(2)(b)(iii) of the *Migration Act 1958* (Cth). This required the Court to determine the nature of the applicant's alleged conduct and whether it met the criteria for a "serious non-political crime" as defined by international and domestic law.

Judge Street reasoned that the applicant's alleged conduct, as described in the respondent's decision, involved serious criminal activity that was not political in nature. The Court applied the principles established in *K v Minister for Immigration and Multicultural Affairs* [2004] HCA 34, which confirm that crimes committed for personal gain or through violence, even if they have a tangential connection to political events, are generally considered non-political. The Court found that the applicant's alleged involvement in a criminal organisation, involving acts such as extortion and violence, fell squarely within the definition of a serious non-political crime. Consequently, the applicant was not entitled to a protection visa.

The application for judicial review was dismissed.