Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kayikci v Minister for Immigration and Citizenship [2009] FCA 92
MIGRATION – Spouse visa – whether the appellant is in a genuine marriage relationship with sponsor for the purposes of Reg 1.15A of the Migration Regulations 1994 (Cth) – whether the parties had a mutual commitment to a shared life as husband and wife to the exclusion of all others - whether the marriage was contrived for migration purposes – strong evidence found by the Tribunal in support of the appellant's visa application – outweighed by perceived countervailing matters - whether the Tribunal's decision was infected by jurisdictional error by taking into account irrelevant matters or failing to take into account relevant matters, or due to gross unreasonableness
Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Reg 1.15A Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 94 Minister of State for Immigration, Local Government and Ethnic Affairs v Dhillon (unreported, Northrop, Wilcox and French JJ, 8 May 1990) SEMSITTIN KAYIKCI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL
VID 854 of 2008
TAMBERLIN J
13 FEBRUARY 2009
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 854 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SEMSITTIN KAYIKCI
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent
JUDGE: TAMBERLIN J
DATE OF ORDER: 13 FEBRUARY 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal is allowed. 2. The orders of the Federal Magistrate below are set aside. 3. The decision of the Migration Review Tribunal is set aside. 4. The first respondent is to pay the appellant's costs of the appeal. 5. The first respondent is to pay the appellant's costs of the application below. 6. The matter is to be remitted to the Migration Review Tribunal for determination in accordance with law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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