Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Angkawijaya [2016] FCAFC 5 Appeal from: Angkawijaya & Anor v Minister for Immigration & Anor [2015] FCCA 450
File number: NSD 495 of 2015
Judges: ALLSOP CJ, KENNY AND GRIFFITHS JJ
Date of judgment: 29 January 2016
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia concerning whether the first respondent was the 'de facto partner' of her visa sponsor – does the absence of love and affection in a relationship necessarily mean there is not a genuine de facto relationship under s 5CB of the Migration Act 1958 (Cth) and reg 1.09A of the Migration Regulations 1994 (Cth)
Legislation: Migration Act 1958 (Cth) ss 5CB(1), 5CB(2), 5CB(3), 5F, 65 Migration Regulations 1994 (Cth) regs 1.09A, 1.15A
Cases cited: Hamersley Iron Pty Ltd v National Competition Council [2008] FCA 598; 247 ALR 385 Jian Xin Lui v Minister for Immigration & Multicultural Affairs [2001] FCA 1437 Minister of Immigration, Local Government and Ethnic Affairs v Dhillon [1990] FCA 200 (AustLII medium neutral citation [1990] FCA 144)
Date of hearing: 18 August 2015
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 69
Counsel for the Appellant: Mr G Johnson SC with Mr P Knowles
Solicitor for the Appellant: DLA Piper Australia
Counsel for the Respondents: Mr N Poynder The Third Respondent submitted to any order the Court might make, save as to costs.
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