Mujedinovski v Minister for Immigration & Citizenship [2009] FCA 199

FEDERAL COURT OF AUSTRALIA

Mujedinovski v Minister for Immigration & Citizenship [2009] FCA 199

MIGRATION LAW – visa applicant refused "contributory parent" visa on the grounds that he did not pass the character test under s 501(1) of the Migration Act 1958 (Cth) – evidence before Administrative Appeals Tribunal that applicant not of good character – conduct relevant to considerations under s 501(6)(c) of the Migration Act 1958 (Cth) – applicant contrived marriage in Australia and gave false information to authorities – whether Tribunal erred by imposing an onus on applicant to demonstrate he was of good character – whether Tribunal failed to properly consider whether applicant's past bad conduct had been of a sufficiently continuous and serious nature to demonstrate bad character. Migration Act 1958 (Cth) s 501(1), (6) Godley v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 83 ALD 411 distinguished Minister for Immigration and Multicultural and Indigenous Affairs v Godley (2005) 141 FCR 552 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 followed Irving v Minister for Immigration, Local Government and Ethnic Affairs (1996) 68 FCR 422 considered Goldie v Minister for Immigration and Multicultural Affairs [1999] FCA 1277 considered Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 cited VITURYE MUJEDINOVSKI v MINISTER FOR IMMIGRATION AND CITIZENSHIP and ADMINISTRATIVE APPEALS TRIBUNAL

VID 499 of 2008

SUNDBERG J

5 MARCH 2009

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 499 of 2008

BETWEEN: VITURYE MUJEDINOVSKI

Applicant

AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent