Chi Cong Le v Minister for Immigration and Border Protection [2019] FCAFC 178

FEDERAL COURT OF AUSTRALIA

Chi Cong Le v Minister for Immigration and Border Protection [2019] FCAFC 178 Appeal from: Le v Minister for Immigration & Anor [2019] FCCA 445

File numbers: NSD 492 of 2019

Judges: NICHOLAS, KATZMANN AND BROMWICH JJ

Date of judgment: 18 October 2019

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – where primary judge dismissed an application for judicial review of a decision of the second respondent, the Administrative Appeals Tribunal – where second respondent affirmed a decision of a delegate of the Minister to cancel the appellant's Class BS (Subclass 801) (Partner) visa – whether primary judge erred in finding that the appellant provided incorrect answers in visa application forms – whether primary judge erred in finding that there was no jurisdictional error by the second respondent considering documents to be subject to a valid s 375A certificate and thereby not providing those documents to the appellant pursuant to a request under s 362A of the Migration Act 1958 (Cth) – held: appeal dismissed with costs

Legislation: Marriage Act 1961 (Cth) ss 23(1)(b), 23(2), 88E Migration Act 1958 (Cth) ss 5F(1), 5F(2)(a), 12, 100, 101, 101(b) 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 362A, 375A, 375(1)(b), 376(1)(b), 438 Migration Regulations 1994 (Cth) reg 2.41, sch 2, cl 300.211, cl 820.211(2),

Cases cited: Adelaide Motors Ltd v Federal Commissioner of Taxation (1942) 66 CLR 436 AIU17 v Minister for Immigration and Border Protection [2019] FCA 520 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 363 ALR 599 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Salama v Minister for Immigration and Border Protection [2017] FCA 2