Minister for Immigration & Citizenship v Yucesan [2008] FCAFC 110

FEDERAL COURT OF AUSTRALIA

Minister for Immigration & Citizenship v Yucesan [2008] FCAFC 110

MIGRATION – appeal from Federal Magistrates Court – whether the requirement in cl 300.214 of the Migration Regulations that parties to a proposed marriage have "met" requires that they have come into each other's company or physical presence – whether Federal Magistrate erred in holding the Migration Review Tribunal was correct when it found that a meeting in person was not required – relevance of 'meeting' in the law of corporations considered ADMINISTRATIVE LAW – Chevron doctrine – whether doctrine of judicial deference to findings by an administrative decision-maker applies in Australia WORDS AND PHRASES – "met" Corporations Act 2001 (Cth) ss 249S, 249T Migration Regulations 1994 schedule 2 cl 300.211, 300.212, 300.213, 300.214, 300.215, 300.216 Migration Regulations (Amendment) 1996 No 211(Statutory Rule SR 1996 No 211) Bell v Burton (1993) 12 ACSR 325 considered Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 considered Chevron USA Inc v Natural Resources Defense Council, Inc. 467 US 837 (1984) discussed Higgins v Nicol (1971) 18 FLR 343 considered Magnacrete Ltd v Douglas-Hill (1988) 48 SASR 565 cited Minister for Immigration v Yucesan & Anor [2008] FMCA 317 overruled Re Farnell Electronic Components Pty Ltd (1997) 25 ACSR 345 considered Re Ferguson (1995) 58 FCR 106 considered Re Southern Resources Ltd; Residues Treatment & Trading Co Ltd v Southern Resources Ltd (1989) 15 ACLR 770 cited Sharpe v Dawes (1876) 2 QBD 26 considered Wagner v International Health Promotions (admin apptd) (1994) 15 ACSR 419 considered Macquarie Dictionary (second revised edition) MINISTER FOR IMMIGRATION AND CITIZENSHIP v DEMET YUCESAN AND MIGRATION REVIEW TRIBUNAL