Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perez v Minister for Immigration and Border Protection [2017] FCAFC 180 Appeal from: Perez v Minister for Immigration and Border Protection [2017] FCCA 1692
File number(s): NSD 1326 of 2017
Judge(s): BESANKO, MCKERRACHER, JAGOT JJ
Date of judgment: 24 November 2017
Catchwords: MIGRATION – visa – partner visa – domestic violence – independent expert opinion whether appellant has suffered family violence – whether independent expert wrongly excluded incidents of violence after relationship had ended – jurisdictional error – appeal allowed
Legislation: Migration Regulations 1994 (Cth) cls 1.21, 1.23, Sch 2
Cases cited: Minister for Immigration and Multicultural Affairs v Seligman [1999] FCA 117; (1999) 85 FCR 115 Muliyana v Minister for Immigration and Citizenship [2010] FCAFC 24; (2010) 183 FCR 170
Date of hearing: 31 October 2017
Registry: New South Wales
Division: General
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 20
Counsel for the Appellant: R Chia Solicitor for the Appellant: T Alivio
Counsel for the First Respondent: D Hughes
Solicitor for the First Respondent DLA Piper Australia
ORDERS NSD 1326 of 2017
BETWEEN: LONISA PEREZ Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: BESANKO, MCKERRACHER, JAGOT jJ DATE OF ORDER: 24 NOvember 2017
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