Cakmak v Minister for Immigration & Multicultural Affairs [2003] FCA 503

FEDERAL COURT OF AUSTRALIA

Cakmak v Minister for Immigration & Multicultural Affairs [2003] FCA 503

MIGRATION – partner visa – relationship between applicant and sponsoring spouse had ceased – task of Migration Review Tribunal to determine whether applicant had suffered domestic violence committed by sponsoring spouse – mode of proof of domestic violence – statutory declarations of competent persons – whether open to tribunal to disregard statutory declarations because source of information on which they were based was applicant – whether open to tribunal to determine whether statutory declarations established conduct sufficiently serious on part of sponsoring spouse to amount to domestic violence – single episode of physical violence – reliance by competent persons on threats and verbal abuse by sponsoring spouse and members of her family – manner of dealing with mechanical modes of proof

Migration Regulations 1994 (Cth) regs 1.15A, 1.21, 1.22, 1.23, 1.24, 1.26, item 100.221, Sch 2 Du v Minister for Immigration & Multicultural Affairs [2000] FCA 1115 referred to Meroka v Minister for Immigration & Multicultural Affairs [2002] FCA 482 followed FIKRI CAKMAK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS V 1173 of 2001 GRAY J 22 MAY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1173 of 2001

BETWEEN: FIKRI CAKMAK

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 22 MAY 2003

WHERE MADE: MELBOURNE

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

IN THE FEDERAL COURT OF AUSTRALIA