Kozel v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 658

FEDERAL COURT OF AUSTRALIA

Kozel v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 658 MIGRATION – judicial review - application for spouse visa – whether applicant suffered domestic violence – applicant required to file statutory declarations from 'competent persons' – whether statutory declarations complied with subreg 1.26 – whether statutory declarations contained opinion that relevant domestic violence had occurred - whether statutory declarations set out evidence upon which opinion was based – whether the Tribunal's decision was a privative clause decision – whether Tribunal's decision affected by jurisdictional error. STATUTORY INTERPRETATION – principles of statutory interpretation – practical implications considered in interpreting Regulations.

Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) rr 1.22, 1.23, 1.24, 1.25, 1.26, and Schedule 2 subclass 100.221(4)

Australian Tea Tree Oil Research Institute v Industry Research and Development Board (2002) 124 FCR 316 Cakmak v Minister for Immigration & Multicultural Affairs [2003] FCA 503 Cakmak v Minister for Immigration & Multicultural Affairs [2003] FCAFC 257 Du v Minister for Immigration and Multicultural Affairs [2000] FCA 1115 Gill v Donald Humberstone & Co Ltd [1963] 3 All ER 180 Ibrahim v Minister for Immigration & Multicultural Affairs [2002] FCA 1279 Meroka v Minister for Immigration and Multicultural and Indigenous Affairs[2002] FCA 482 Minister for Immigration & Multicultural Affairs v Wu Shan Liang (1996) 185 CLR 259 Plaintiff S157 v Commonwealth of Australia (2003) 195 ALR 1 SDAH v Minister for Immigration & Multicultural Affairs [2003] FCAFC 49 SDAV v Minister for Immigration & Multicultural Affairs [2003] FCAFC 129

IGOR KOZEL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS V 361 of 2003