Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ally v Minister for Immigration & Citizenship [2008] FCAFC 49
MIGRATION – application for spouse visa refused for absence of genuine and continuing relationship and mutual commitment at time of visa application – permissible for Tribunal to use evidence of subsequent events to establish position as at the date when the determination was required to be made – no jurisdictional error Migration Regulations 1994 (Cth), Regs 1.5A, 820.211, 820.221 Secretary, Department of Family and Community Services v Verney (2000) 60 ALD 737 discussed Hospital Benefits Fund of WA Inc v Minister (1992) 39 FCR 225 discussed Comptroller-General of Customs v Akai Pty Ltd (1994) 50 FCR 511 discussed SHUKURU ALLY v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL NSD 850 OF 2007
MOORE, GOLDBERG & JACOBSON JJ
3 APRIL 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 850of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SHUKURU ALLY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGES: MOORE, GOLDBERG & JACOBSON JJ DATE OF ORDER: 3 APRIL 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed, with costs. 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 NSD 850 of 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SHUKURU ALLY
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGES: MOORE, GOLDBERG & JACOBSON JJ
DATE: 3 APRIL 2008
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