Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Meroka v Minister for Immigration & Multicultural Affairs [2002] FCA 482
MIGRATION - Application for spouse visa where marital relationship has ceased - Applicant claiming in reliance on statutory declarations of competent persons to be taken to have suffered domestic violence - Extent to which declarations conclusive of the requisite opinions - Whether Tribunal can make its own assessment of the sufficiency of the evidence described by the competent persons - Whether requisite opinion can be implied by statements in Standard Form 1040 - Whether evidence supported opinion that applicant feared for, or was apprehensive about, his safety or well-being - Whether fear for, or apprehensiveness about psychological well-being sufficient.
Migration Act 1958 (Cth) s 65(1) Migration Regulations 1994, Regs 1.21, 1.23. 1.24. 1.26; Sch 2 cl 801.221(6). Malik v Minister for Immigration & Multicultural Affairs (2000) 98 FCR 290 Doan v Minister for Immigration & Multicultural Affairs [2000] FCA 909 Du v Minister for Immigration & Multicultural Affairs [2000] FCA 1115 Thi Lan Du v Minister for Immigration & Multicultural Affairs [2000] FCA 1115 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Commissioner of Taxation v Emmakell Pty Ltd (1990) 22 FCR 157
SIMEON MEROKA -v - MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
V 733 of 2000 RYAN J 19 APRIL 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 733 of 2000
BETWEEN: SIMEON MEROKA
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: RYAN J
DATE OF ORDER: 19 APRIL 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS:
1. THAT the decision of the Migration Review Tribunal of 30 August 2000 be set aside.
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