Minister for Immigration & Citizenship v Yacoub [2007] FCAFC 84

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Citizenship v Yacoub [2007] FCAFC 84 MIGRATION – jurisdictional error - whether need for comity between courts and tribunals – partner visa – Apprehended Violence Order – whether existence of AVO is necessary consideration. Crimes Act 1900 (NSW) s 562 MINISTER FOR IMMIGRATION & CITIZENSHIP v ANDRE YACOUB AND MIGRATION REVIEW TRIBUNAL NSD2530 OF 2006

MOORE, EMMETT & STONE JJ

5 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2530 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION & CITIZENSHIP

Appellant

AND: ANDRE YACOUB

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGES: MOORE, EMMETT & STONE JJ DATE OF ORDER: 5 JUNE 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The orders made by the Federal Magistrates Court be set aside and in lieu thereof, the following orders be made: 1.1 The application to the Federal Magistrates Court be dismissed. 1.2 The applicant pay the costs of the first respondent. 2. The first respondent pay the appellant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2530 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: MINISTER FOR IMMIGRATION & CITIZENSHIP

Appellant

AND: ANDRE YACOUB

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent

JUDGES: MOORE, EMMETT & STONE JJ

DATE: 5 JUNE 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT THE COURT: 1 This appeal, from orders of the Federal Magistrates Court, is said to involve a question as to the extent to which the Migration Review Tribunal (the Tribunal) must have regard to the need for comity between courts and tribunals to ensure, as far as possible, a consistent response by tribunals and courts to particular circumstances.