Minister for Immigration and Border Protection v Ly [2018] FCAFC 123

FEDERAL COURT OF AUSTRALIA

Minister for Immigration and Border Protection v Ly [2018] FCAFC 123 Appeal from: Ly v Minister for Immigration & Anor [2018] FCCA 409

File number: NSD 541 of 2018

Judges: RARES, ROBERTSON AND FARRELL JJ

Date of judgment: 8 August 2018

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – judicial review by that Court of decision of the Administrative Appeals Tribunal decision refusing prospective marriage visas – Tribunal noting review applicant had not provided evidence of hotel stays in Cambodia with her intended spouse – hotel receipts subsequently provided – Tribunal finding that although receipts were dated different years they appeared to be in the same handwriting and doubting genuineness of the receipts and giving little weight to them – whether genuineness of the receipts was an issue that should have been raised with review applicant either pursuant to s 360 of the Migration Act 1958 (Cth) or by virtue of procedural fairness under the general law

Legislation: Migration Act 1958 (Cth) s 360

Cases cited: Commissioner for ACT Revenue v Alphaone Pty Ltd [1994] FCA 1074; 49 FCR 576 Minister for Immigration and Border Protection v CZBP [2014] FCAFC 105 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Citizenship v SZKTI [2009] HCA 30; 238 CLR 489 Minister for Immigration and Citizenship v SZMOK [2009] FCAFC 83; 247 FCR 404 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 WAJR v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 106; 204 ALR 624