Parvin v Minister for Immigration and Border Protection [2019] FCAFC 86

FEDERAL COURT OF AUSTRALIA

Parvin v Minister for Immigration and Border Protection [2019] FCAFC 86 Appeal from: Parvin v Minister for Immigration (No 2) [2016] FCCA 2120

File number: NSD 1929 of 2016

Judges: PERRAM, PERRY AND O'CALLAGHAN JJ

Date of judgment: 29 May 2019

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia which dismissed an appeal from a decision of the Migration Review Tribunal – where Tribunal did not disclose existence of a certificate under s 375A of the Migration Act 1958 (Cth) – where Tribunal had not disclosed certain items of information mentioned in the Tribunal's reasons – where appellant already knew that the Tribunal had confidential information to the effect that the appellant was not, and at all material times, had never been, in a genuine spousal relationship – where items of information not disclosed were subsumed in the proposition that the appellant was not, and at all material times, had never been, in a genuine spousal relationship

Legislation: Migration Act 1958 (Cth) ss 359A, 375A

Cases cited: Minister for Immigration and Citizenship v Kumar (2009) 238 CLR 448 Minister for Immigration and Border Protection v Singh (2016) 244 FCR 305 Minister for Immigration and Border Protection v SZMTA; CQZ15 v Minister for Immigration and Border Protection; BEG15 v Minister for Immigration and Border Protection [2019] HCA 3; (2019) 93 ALJR 252 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190; [2007] HCA 26