Muliyana v Minister for Immigration & Citizenship [2010] FCAFC 24 (Supplementary judgments dated 24 March and 12 April 2010)

FEDERAL COURT OF AUSTRALIA

Muliyana v Minister for Immigration & Citizenship [2010] FCAFC 24 Citation: Muliyana v Minister for Immigration and Citizenship [2010] FCAFC 24

Appeal from: Muliyana v Minister for Immigration & Anor [2009] FMCA 691

Parties: PRERAK HIMANSHU MULIYANA v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: NSD 921 of 2009

Judges: MOORE, SIOPIS AND EDMONDS JJ

Date of judgment: 15 March 2010

Supplementary judgment: 24 March 2010

Further Supplementary judgment: 12 April 2010

Catchwords: MIGRATION – visa – partner visa – domestic violence – whether 'domestic violence' in cl 100.221(4)(c) of Sch 2 of the Migration Regulations 1994 (Cth) requires the domestic violence to occur before the relationship between the applicant and the sponsoring spouse ceased. Held: There is no requirement that the domestic violence occur before the spousal relationship ceased.

Legislation: Migration Act 1958 (Cth)s 65 Migration Regulations 1994 (Cth)Sch 2, cl 100.221(4)(c), reg 1.15A Migration Regulations (Amendment) 1996 (Cth) Migration Amendment Regulations (No 13) 2007 (Cth)

Cases cited: Alin v Minister for Immigration & Multicultural Affairs [2002] FCA 979overruled CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 applied Ibrahim v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1279referred to Shaikh v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 174 referred to Sok v Minister for Immigration & Citizenship [2007] FMCA 1525 overruled