Bojanovic v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 113

FEDERAL COURT OF AUSTRALIA

Bojanovic v Minister for Immigration & Multicultural & Indigenous Affairs

[2002] FCA 113

MIGRATION – application for temporary (sub-class 820) and permanent (sub-class 801) spouse visas – whether criteria satisfied – whether tribunal erred in finding applicant failed to satisfy criteria – whether applicant satisfied evidentiary requirements of proof of domestic violence by nominating spouse. MIGRATION – application for temporary (sub-class 820) and permanent (sub-class 801) spouse visas – whether Tribunal erred in not addressing the applicant's claim for a permanent visa in circumstances where criteria for the temporary visa were not satisfied. Migration Act 1958 (Cth) – ss 31, 40, 65(1), 347, 348 Migration Regulations 1994 (Cth) – Regulations 1.15A, 1.22, 1.23, 1.24, 1.25, 1.26, Schedule 2 cls 820.211, 801.221, Schedule 3 criteria 3004 Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 – referred to MARKO BOJANOVIC v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.191 of 2001 MANSFIELD J 20 FEBRUARY 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.191 OF 2001

BETWEEN: MARKO BOJANOVIC

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 20 FEBRUARY 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.191 OF 2001

BETWEEN: MARKO BOJANOVIC

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS