Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Immigration and Citizenship v Pham [2008] FCA 320
MIGRATION – spouse visa – whether statutory declarations in support of a non‑judicially determined claim of domestic violence complied with Div 1.5 of the Migration Regulations 1994 (Cth) – whether the Migration Review Tribunal fell into jurisdictional error by failing to notify the applicant of the deficiencies in statutory declaration – whether Federal Magistrate erred in failing to consider whether to withhold relief in the exercise of discretion where impugned Tribunal decision was supportable on an independent ground Migration Act 1958 (Cth) ss 359A, 360(1), 425(1) Migration Regulations 1994 (Cth) regs 1.15A, 1.21, 1.26, subregs 1.21(2), 1.21(2)(a), 1.21(2)(b), 1.23(1A), 1.23(1B), 1.26(a), 1.26(b) SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Abebe v Commonwealth (1999) 197 CLR 510 Re McBain; Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SZEEU v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 150 FCR 214 Minister for Immigration and Citizenship v Ejueyitsi (2007) 159 FCR 94 MINISTER FOR IMMIGRATION AND CITIZENSHIP v DIEU BAO TRAM PHAM AND MIGRATION REVIEW TRIBUNAL WAD 128 OF 2007
SIOPIS J
12 march 2008
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 128 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT of australia
BETWEEN: MINISTER FOR IMMIGRATION AND CITIZENSHIP
Appellant
AND: DIEU BAO TRAM PHAM
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: SIOPIS J
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