Hadchity v Minister for Immigration & Citizenship [2010] FCA 144

FEDERAL COURT OF AUSTRALIA

Hadchity v Minister for Immigration & Citizenship [2010] FCA 144 Citation: Hadchity v Minister for Immigration & Citizenship [2010] FCA 144

Appeal from: Hadchity v Minister for Immigration & Anor [2009] FMCA 958

Parties: PAUL HADCHITY v MINISTER FOR IMMIGRATION AND CITIZENSHIP and MIGRATION REVIEW TRIBUNAL

File number: NSD 1227 of 2009

Judge: EDMONDS J

Date of judgment: 2 March 2010

Catchwords: MIGRATION – visas – partner visa – domestic/family violence – whether Tribunal invalidly obtained an expert's opinion – whether the quashing of the initial decision invalidated the expert's opinion. Held: The Tribunal validly obtained the expert's opinion. The quashing of the initial decision did not invalidate the expert's opinion.

Legislation: Migration Act 1958 (Cth) Pt 5, Div 3 Migration Regulations 1994 (Cth) reg 1.23, cl 100.221 of Sch 2

Cases cited: Minister for Immigration & Citizenship v Sok & Anor (2008) 165 FCR 586 cited Minister for Immigration & Multicultural Affairs v Wang (2003) 215 CLR 518applied MZXRE v Minister for Immigration & Citizenship & Anor (2009) 176 FCR 552 approved Sie Sok v Minister for Immigration & Citizenship & Anor (2008) 238 CLR 251considered SZEPZ v Minister for Immigration & Multicultural Affairs & Anor (2006) 159 FCR 291approved SZHKA & Anor v Minister for Immigration & Citizenship & Anor (2008) 172 FCR 1 considered

Date of hearing: 9 February 2010

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 29

Counsel for the Appellant: Mr C Jackson