Russell v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 327

FEDERAL COURT OF AUSTRALIA

Russell v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 327

MIGRATION – refusal of visa – where relationship between applicant and sponsoring spouse had ceased – whether applicant had suffered domestic violence by sponsoring spouse – whether finding of fact by Magistrate in unrelated proceedings that act of domestic violence had occurred was 'finding of guilt' for purposes of Migration Regulations

Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 65(1)(a)(ii), 474 Migration Regulations 1994 (Cth) 1.23, 1.23(i)(e), subcl 801.22 Domestic Violence Family Protection Act 1989 (Qld) ss 11, 18, 20 Penalties and Sentences Act 1992 (Qld) s 12 Eastman v Director of Public Prosecutions (2003) 214 CLR 318 applied ROBERT CLAUDE RUSSELL v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS AND MIGRATION REVIEW TRIBUNAL QUD 310 OF 2005 COLLIER J 30 MARCH 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 310 OF 2005

BETWEEN: ROBERT CLAUDE RUSSELL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

MIGRATION REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGE: COLLIER J

DATE OF ORDER: 30 MARCH 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the costs of the respondents of and incidental to the application, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 310 OF 2005

BETWEEN: ROBERT CLAUDE RUSSELL

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS