Kocakaya v Minister for Immigration and Citizenship [2013] FCA 55

FEDERAL COURT OF AUSTRALIA

Kocakaya v Minister for Immigration and Citizenship [2013] FCA 55 Citation: Kocakaya v Minister for Immigration and Citizenship [2013] FCA 55

Appeal from: Kocakaya v Minister for Immigration & Anor [2012] FMCA 709

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

File number: VID 653 of 2012

Judge: DODDS-STREETON J

Date of judgment: 6 February 2013

Catchwords: MIGRATION – appellant, a Turkish citizen, applied for a permanent spouse visa under the family violence provisions of the Migration Regulations 1994 (Cth) ("Regulations") – Migration Review Tribunal ("Tribunal") not satisfied appellant suffered family violence and referred claims to independent expert for assessment – whether Tribunal breached s 368 of the Migration Act 1958 (Cth) ("the Act") by not giving reasons for its want of satisfaction prior to making the referral - whether Tribunal breached s 359A of the Act – whether Tribunal breached reg 1.23 of the Regulations – whether Tribunal erred in seeking opinion of expert or failed to apply Div 1.5 of the Regulations correctly

Legislation: Migration Act 1958 (Cth), ss 359A, 368 Migration Regulations 1994 (Cth), regs 1.21, 1.23, 1.26

Cases cited: Hadchity v Minister for Immigration and Citizenship [2010] FCA 144 considered Kozel v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 138 FCR 181 considered Minister for Multicultural and Indigenous Affairs v Yusuf (2001) 206 CLR 323 cited Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 168 ALR 407 cited