Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ejueyitsi v Minister for Immigration & Multicultural & Indigenous Affairs [2006] FCA 328
MIGRATION – appeal from Federal Magistrate's decision – application for spouse visa and invocation of special provisions relating to domestic violence in Migration Regulations 1994 (Cth) – whether Migration Review Tribunal ("MRT") erred by imposing burden of proof upon applicant to establish genuine and continuing spousal relationship – whether futile to remit matter to MRT or Federal Magistrates Court by reason of MRT's findings in relation to domestic violence exception contained in Div 1.5 of Migration Regulations 1994 (Cth)
Alin v Minister for Immigration and Multicultural Affairs [2002] FCA 979 considered Bushell v Repatriation Commission (1992) 175 CLR 408 referred to Cakmak v Minister for Immigration & Multicultural Affairs [2003] FCA 503 referred to Du v Minister for Immigration & Multicultural Affairs [2000] FCA 1115 considered Huang v Minister for Immigration & Multicultural Affairs [2001] FCA 901 followed Ibrahim v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCA 1279 referred to Kozel v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 138 FCR 181 referred to Ladic v Capital Territory Health Commission (1982) 5 ALN N60 referred to McDonald v Director-General of Social Security (1984) 1 FCR 354 referred to Meroka v Minister for Immigration and Multicultural Affairs (2002) 117 FCR 251 approved Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 distinguished Minister for Immigration and Multicultural Affairs v Hughes (1999) 86 FCR 567 referred to Minister for Immigration & Multicultural & Indigenous Affairs v VSAF of 2003 [2005] FCAFC 73 distinguished Re Elkington and Minister for Immigration and Ethnic Affairs (1982) 5 ALN N196 referred to SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 215 ALR 162 applied
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