Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phan v Minister for Immigration & Multicultural Affairs [2000] FCA 89
MIGRATION - judicial review where application for Spouse visa, Subclass 100 unsuccessful before Immigration Review Tribunal - where actual relationship did not qualify applicant as a "spouse" - whether error disclosed by Tribunal's failure to provide adequate reasons for its conclusion - treatment of contradictions in evidence given by husband and wife and its significance to the finding that there was no reliable evidence of a genuine marriage - whether requisite standard of interpretation compromised in matters of importance to applicant's case Paramananthan v Minister for Immigration and Multicultural Affairs (1998) 160 ALR 24 cited Perera v Minister for Immigration and Multicultural Affairs [1999] FCA 507 cited Chedyak v Minister for Immigration and Multicultural Affairs [1998] FCA 1731 cited Migration Act 1958 (Cth) s 358(1)(b) MY NGAN PHAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N 477 OF 1999 KIEFEL J BRISBANE 11 FEBRUARY 2000
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY N 477 OF 1999
BETWEEN: MY NGAN PHAN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: KIEFEL J
DATE OF ORDER: 11 February 2000
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application is dismissed. 2. The costs of the respondent are to be paid by the review applicant, Hoa Giao Nguyen. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY N 477 OF 1999
BETWEEN: MY NGAN PHAN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
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