Lee v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 464

FEDERAL COURT OF AUSTRALIA

Lee v Minister for Immigration & Multicultural & Indigenous Affairs

[2005] FCA 464

MIGRATION – application for review of decision of the Migration Review Tribunal – application for subclass 820 (spouse) visa – criteria for determining spousal relationship under reg 1.15A of the Migration Regulations 1994 (Cth) – living together for six months or more to be taken as strong evidence of genuine and continuing relationship – creation of statutory presumption – insufficient evidence of social recognition of relationship – insufficient evidence of joint financial obligations – alleged jurisdictional error by Tribunal – failure to take evidence of living together for six months or more as strong evidence of marital relationship – denial of procedural fairness – legitimate expectation that Tribunal would give weight to statements not in the form of statutory declarations – Applicant not informed that statements would be given no weight nor given opportunity to present statements in form acceptable to Tribunal – Tribunal free to determine strength of and weight given to other evidence – no jurisdictional error or error of law – no failure of procedural fairness – application dismissed.

Migration Regulations 1994 (Cth) reg 1.15A(1A), reg 1.15A(3), reg 1.15A(5)

Minister for Immigration and Multicultural Affairs v Asif 60 ALD 145 cited

Davis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 686 cited

Lumanovska v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1321 cited

WACO v Minister for Immigration and Multicultural Affairs (2003) 131 FCR 511 cited

WAJR v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 204 ALR 624 cited

YOUNG NAM LEE v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS