Tran v Minister for Immigration & Multicultural Affairs [2002] FCA 1522

FEDERAL COURT OF AUSTRALIA

Tran v Minister for Immigration & Multicultural Affairs [2002] FCA 1522 MIGRATION –review of decision of Migration Review Tribunal – refusal to grant a Spouse (Provisional) (Class UF) visa, subclass 309, to the visa applicant – review applicant sponsor of visa applicant – where marriage between review applicant and visa applicant authorised in Vietnam and recognised in Australia – where Tribunal considered that visa applicant not "spouse" of review applicant – whether error of law in the manner in which Tribunal considered evidence concerning commitment of visa applicant and review applicant Migration Act 1958 (Cth), s 476(1) Migration Regulations 1994 (Cth), Schedule 1, Item 1220A, Schedule 2, subclass 309 Nassouh v Minister for Immigration and Multicultural Affairs [2000] FCA 788 (14 June 2000) referred Minister of State for Immigration, Local Government and Ethnic Affairs v Dhillon (Federal Court, 8 May 1990, unreported) referred Bretag v Immigration Review Tribunal (Federal Court, 29 November 1991, unreported) referred Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred Minister for Immigration and Multicultural Affairs v Anthonypillai (2001) 106 FCR 426 referred Cabal v Minister for Immigration and Multicultural Affairs [2001] FCA 546 referred W124 v Minister for Immigration and Multicultural Affairs [2001] FCA 1387 referred Abebe v The Commonwealth (1999) 197 CLR 510 referred V340 of 2000 v Minister for Immigration and Multicultural Affairs (2001) 111 FCR 536 referred Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396 referred Tin v Minister for Immigration and Multicultural Affairs [2000] FCA 1109 referred Malik v Minister for Immigration and Multicultural Affairs (2000) 98 FCR 291 referred Algama v Minister for Immigration and Multicultural Affairs [2001] FCA 476 referred Liu v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 541 referred Chen v Minister for Immigration and Multicultural Affairs [2001] FCA 1671 referred Tobasi v Minister for Immigration and Multicultural Affairs [2002] FCA 1050 referred Arif v Minister for Immigration and Multicultural Affairs [2002] FCA 1053 referred Mazhar v Minister for Immigration and Multicultural Affairs (2000) 183 ALR 188 referred Minister for Immigration and Multicultural Affairs v Singh (2000) 98 FCR 469 referred Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 referred Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 referred Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred Minister for Immigration and Multicultural Affairs v Asif (2000) 60 ALD 145 referred VAN PHAI TRAN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 680 of 2001 KENNY J MELBOURNE 10 DECEMBER 2002