Federal Court of Australia
Federal Court of Australia
Arhbal v Minister for Home Affairs [2021] FCAFC 220 Appeal from: Arhbal v Minister for Home Affairs [2021] FCCA 480
File number(s): SAD 62 of 2021
Judgment of: PERRY, CHARLESWORTH AND BURLEY JJ
Date of judgment: 6 December 2021
Catchwords: MIGRATION – appeal from decision dismissing application for judicial review of decision of the Administrative Appeals Tribunal (Tribunal) – where delegate was not satisfied that the applicant was the spouse of the sponsor – where certificate issued pursuant to s 376 Migration Act 1958 (Cth) – where information disclosed to applicant pursuant to s 359AA – whether primary judge erred in failing to find that Tribunal misunderstood breadth of discretion in s 376 – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss5, 5F, 65, 359, 359AA, 359A, 360, 362A, 363(1)(c), 375, 375A, 376, 424, 424AA, 425 and 438(3)(b) Migration Regulations 1994 (Cth) reg 1.15A, Sch 2 cll 820.211(2)(a), 820.211(2)(d) and 820.22
Cases cited: Arhbal v Minister for Home Affairs [2021] FCCA 480 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421
Division: General Division
Registry: South Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 45
Date of hearing: 12 November 2021
Counsel for the Appellant: Mr S Ower QC
Solicitor for the Appellant: Work Visa Lawyers
Counsel for the First Respondent: Mr T Liu
Solicitor for the First Respondent: Sparke Helmore
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