Cakmak v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 257

FEDERAL COURT OF AUSTRALIA

Cakmak v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 257 MIGRATION – Regulations concerned with domestic violence – meaning of phrase "domestic violence" in Migration Regulations – proper approach to regulations which "take" domestic violence to have been committed in certain circumstances – questions of law and fact discussed – jurisdictional error discussed. Family Law Act 1975 (Cth) s 114(1) Judiciary Act 1903 (Cth) s 39B Migration Regulations 1994 (Cth) Regs 1.21, 1.23, 1.24, 1.25, 1.26 Cl 100.221 Australian Communication Exchange Ltd v Deputy Commissioner of Taxation (2003) 201 ALR 271 referred to Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 referred to Australian Iron & Steel Pty Ltd v Luna (1969) 123 CLR 305 referred to BHP Billiton Petroleum Pty Ltd v Chief Executive Officer of Customs [2003] FCAFC 61 referred to Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 referred to Commissioner of Taxation v Roberts (1992) 37 FCR 246 referred to Doan v Minister for Immigration and Multicultural Affairs [2000] FCA 909 approved Federal Commissioner of Taxation v Broken Hill South Ltd (1941) 65 CLR 150 referred to Hope v Bathurst City Council (1980) 144 CLR 1 referred to Ibrahim v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 1279 disapproved in part Lombardo v Federal Commission of Taxation (1979) 40 FLR 208 referred to Malik v Minister for Immigration (2000) 98 FCR 291 disapproved in part Meroka v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 117 FCR 251 disapproved in part NSW Associated Blue-Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509 referred to Nizich v Federal Commissioner of Taxation (1991) 91 ATC 4,747 referred to Ratumaiwai v Minister for Immigration and Multicultural Affairs [2002] FCA 311 referred to Ratumaiwai v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 193 ALR 449 referred to Re Minister for Immigration and Multicultural Affairs, Ex parte Cohen (2001) 75 ALJR 542 referred to Vetter v Lake Macquarie City Council (2001) 202 CLR 439 referred to FIKRI CAKMAK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 459 of 2003 GYLES, CONTI & ALLSOP JJ 21 NOVEMBER 2003 SYDNEY (HEARD IN MELBOURNE)