Babar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 38

FEDERAL COURT OF AUSTRALIA

Babar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 38 Appeal from: Babar v Minister for Immigration & Anor [2019] FCCA 2311

File number: WAD 479 of 2019

Judges: STEWARD, COLVIN AND ABRAHAM JJ

Date of judgment: 12 March 2020

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia dismissing application for judicial review – where delegate of the Minister refused grant of temporary partner visa – where the Administrative Appeals Tribunal (the Tribunal) affirmed decision on review – where Tribunal did not address the requirements necessary under the Migration Regulations 1994 (Cth) – materiality of error – where it cannot properly be said that the error made by the Tribunal was not material – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5CB, 140E, 349(1) Migration Regulations 1994 (Cth) regs 1.03, 1.20, 1.20(1), 1.20(2), 1.20(2)(c), 1.20(3), 1.20J, 1.20KA, 1.20KB, Sched 2, cll 820.211(2), 820.211(2)(c), 820.221(1), 820.221(2), 820.221(3) 820.221(4)

Cases cited: Green v Daniels [1977] HCA 18; (1977) 51 ALJR 463 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; (2015) 256 CLR 326 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Re Romato; Ex parte Mitchell James Holdings Pty Ltd [2001] WASCA 286 Singer v Statutory and Other Offices Remuneration Tribunal (1986) 5 NSWLR 646