Reddy v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 192

FEDERAL COURT OF AUSTRALIA

Reddy v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 192 MIGRATION - application for a Partner (Temporary) (Class UK) visa - nominator withdrew support for application - factors to be considered when determining whether nominator had a mutual commitment to a shared life with the applicant as husband and wife - joint bank accounts - long period of joint residence - nominator made use of applicant in financial terms – relevance of domestic violence by nominator after the date of application – decision-maker had regard to all relevant circumstances Migration Regulations 1994 (Cth) reg 1.15A, Schedule 2 cl 820.221 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed SHANDYA REDDY v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL CONSTITUTED BY MICHAEL NORTHCOTT NSD 1406 OF 2004 TAMBERLIN J SYDNEY 9 MARCH 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1406 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SHANDYA REDDY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

CONSTITUTED BY MICHAEL NORTHCOTT

SECOND RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 9 MARCH 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1406 OF 2004

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT

BETWEEN: SHANDYA REDDY

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS