Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Border Protection v Truong [2016] FCAFC 54 Appeal from: Truong v Minister for Immigration & Anor [2015] FCCA 2319
File number: NSD 1072 of 2015
Judges: TRACEY, FLICK AND GRIFFITHS JJ
Date of judgment: 5 April 2016
Catchwords: ADMINISTRATIVE LAW – no onus on Migration Review Tribunal to make out a claimant's case – Tribunal not bound by the rules of evidence ADMINISTRATIVE LAW – duty of Tribunal to make its – own decision – prior apprehended domestic violence order – relevance of orders founded upon a domestic relationship – failure on the part of the Tribunal to refer to basis of order – no jurisdictional error PRACTICE AND PROCEDURE – issues raised by Notice of Contention
Legislation: Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 15, 16 Migration Act 1958 (Cth), ss 5F, 65, 75 Migration Regulations 1994 (Cth), regs 1.15A(3), 1.23(4), Sch 2, cl 801.221
Cases cited: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd [2015] HCA 7, (2015) 89 ALJR 382 General Medical Council v Spackman [1943] AC 627 Kaur v Minister for Immigration and Border Protection [2014] FCA 1251 Kaur v Minister for Immigration and Border Protection [2015] HCASL 27 Minister for Immigration and Ethnic Affairs v Daniele (1981) 61 FLR 354 Minister for Immigration and Multicultural Affairs v Ali [2000] FCA 1385, (2000) 106 FCR 313 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, (2001) 206 CLR 323 Ridley v Secretary, Department of Social Security (1993) 42 FCR 276 Shrestha v Migration Review Tribunal [2015] FCAFC 87, (2015) 229 FCR 301 Sudath v Health Care Complaints Commission [2012] NSWCA 171, (2012) 84 NSWLR 474 SZVCP v Minister for Immigration and Border Protection [2016] FCAFC 24 Truong v Minister for Immigration & Anor [2015] FCCA 2319 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184, (2003) 75 ALD 630
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