Minister for Immigration and Citizenship v Maman [2012] FCAFC 13

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Citizenship v Maman [2012] FCAFC 13 Citation: Minister for Immigration and Citizenship v Maman [2012] FCAFC 13

Appeal from: Maman v Minister for Immigration and Citizenship [2011] FMCA 426

Parties: MINISTER FOR IMMIGRATION AND CITIZENSHIP v JIMMY MAMAN AND ANOR

File number: NSD 1051 of 2011

Judges: FLICK, FOSTER AND KATZMANN JJ

Date of judgment: 28 February 2012

Catchwords: ADMINISTRATIVE LAW – common law rules of procedural fairness – no disclosure of letter – relevant and significant – no continuing obligation of confidentiality MIGRATION – Judicial review of Migration Review Tribunal decision — refusal of partner residence visa —domestic violence claim — procedural fairness —receipt by Department of prejudicial letter from sponsor — two opinions of independent expert that applicant was not a victim of domestic violence committed by sponsor — Tribunal considered itself bound by opinion — whether opinion formed in denial of procedural fairness — whether procedural fairness required letter or its substance to be disclosed to applicant — whether information in letter was "credible, relevant and significant" PRACTICE AND PROCEDURE – notice of contention – need to "specify briefly" the grounds relied on

Legislation: Customs Act 1901 (Cth) Family Law Act 1975 (Cth) Migration Act 1958 (Cth) ss 29, 30, 31, 65, 348, 349, 357A, 359, 359A, 440 Federal Court Rules O 52 r 22 Federal Court Rules 2011 r 36.24 Migration Amendment Regulations 2007 (No 13) (Cth) Migration Amendment Regulations 2009 (No 7) (Cth) Migration Amendment Regulations 2009 (No 12) (Cth) reg. 6 Migration Regulations 1994 (Cth) reg. 1.21, reg. 1.23, reg. 3.2, Schedule 2 clause 801.221 Co-Operation Act 1923 (NSW)