MZYPZ v Minister for Immigration and Citizenship [2012] FCA 478

FEDERAL COURT OF AUSTRALIA

MZYPZ v Minister for Immigration and Citizenship [2012] FCA 478 Citation: MZYPZ v Minister for Immigration and Citizenship [2012] FCA 478

Appeal from: MZYPZ v Minister for Immigration & Anor [2011] FMCA 531

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

File number: VID 840 of 2011

Judge: BROMBERG J

Date of judgment: 9 May 2012

Catchwords: MIGRATION – partner visa – decision of Migration Review Tribunal –whether compelling reasons existed for waiving requisite criteria in cl 820.211(2)(d)(ii) of the Migration Regulations 1994 (Cth) – whether failure by Tribunal to consider and evaluate for itself material relied upon by appellant – appeal allowed.

Legislation: Migration Act 1958 (Cth) s 474 Migration Regulations 1994 (Cth) cl 820.211(2)(d)(ii)

Cases cited: MZYPZ v Minister for Immigration & Citizenship [2011] FMCA 531 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 SLMB v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 129 Paduano v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 211 Babicci v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 77 McNamara v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1096 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Company Pty Ltd (1953) 88 CLR 100 Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248 Tickner v Chapman (1995) 57 FCR 451 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Asiamet (No 1) Resources Pty Ltd v Commissioner of Taxation (2003) 126 FCR 304 Commissioner of Taxation (Cth) v Asiamet (No 1) Resources Pty Ltd (2004) 137 FCR 146