Rith Sok v Minister for Immigration Multicultural And Indigenous Affairs [2004] FCA 1235

FEDERAL COURT OF AUSTRALIA

Rith Sok v Minister for Immigration Multicultural And Indigenous Affairs

[2004] FCA 1235 MIGRATION – applicant refused Partner visa by Migration Review Tribunal – whether jurisdictional error – whether tribunal erred in finding applicant had not suffered domestic violence – whether competent persons failed to express an "opinion" – whether Tribunal's view as to adequacy of statutory declarations constituted "information" under s 359A of Migration Act Judiciary Act 1903 (Cth), s 39B Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Migration Act 1958 (Cth), s 359A, 474(2) Migration Regulations sch 2 subclass 100.221(4)(c)(i)(A), 1.21(1)(a)

Du v Minister for Immigration and Multicultural Affairs [2000] FCA 1115 at [18] to [19] Meroka v Minister for Immigration and Multicultural Affairs (2002) 117 FCR 251 at [34] considered Cakmak v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 76 ALD 333 applied VAF v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 206 ALR 471 at [24] cited RITH SOK v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ORS V 70 OF 2004

HEEREY J 22 SEPTEMBER 2004 HOBART (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 70 OF 2004

BETWEEN: RITH SOK

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS & ORS

RESPONDENTS

JUDGE: HEEREY J

DATE OF ORDER: 22 SEPTEMBER 2004

WHERE MADE: HOBART (HEARD IN MELBOURNE)

THE COURT ORDERS THAT: 1. The application is dismissed; 2. The applicant pay the respondent's costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 70 OF 2004