Mohamed v Minister for Immigration & Citizenship [2007] FCA 1004

FEDERAL COURT OF AUSTRALIA

Mohamed v Minister for Immigration & Citizenship [2007] FCA 1004 MIGRATION – partner visa – appellant sought to prove domestic violence by the provision of statutory declarations made under State legislation – "statutory declaration" defined by the Migration Regulations 1994 (Cth) to mean a declaration "under" the Statutory Declarations Act 1959 (Cth) in Div 1.5 – contrary intention in reg 1.21 as to the inclusion of State declarations under s 27 of the Acts Interpretation Act – statutory declaration made under State legislation is not a statutory declaration "under" the Commonwealth Act – appeal dismissed WORDS AND PHRASES – "statutory declaration" – "under"

Statutory Declarations Act 1959 (Cth) ss 7, 8 Migration Regulations 1994 (Cth) Div 1.5, reg 1.21 Acts Interpretation Act 1901 (Cth) s 27

Cakmak v Minister for Immigration & Multicultural Affairs [2003] FCA 503 cited Cakmak v Minister for Immigration & Multicultural Affairs (2003) 135 FCR 183 cited Energy Resources of Aust Ltd v Commissioner of Taxation (2003) 52 ATR 120 cited Minister for Immigration and Citizenship v Ejueyitsi [2007] FCAFC 89 cited Morgan v Minister for Immigration & Multicultural Affairs [1999] FCA 1059 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited WAGDY GALAL MAHMOUD MOHAMED v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL VID 121 OF 2007

BENNETT J

10 july 2007

sydney (heard in Melbourne) IN THE FEDERAL COURT OF AUSTRALIA

victoria DISTRICT REGISTRY VID 121 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: WAGDY GALAL MAHMOUD MOHAMED

Appellant

AND: MINISTER FOR IMMIGRATION AND citizenship

First Respondent

MIGRATION REVIEW TRIBUNAL

Second Respondent