Kaur v Minister for Immigration and Border Protection [2014] FCA 1251

FEDERAL COURT OF AUSTRALIA

Kaur v Minister for Immigration and Border Protection [2014] FCA 1251 Citation: Kaur v Minister for Immigration and Border Protection [2014] FCA 1251

Appeal from: Kaur v Minister for Immigration & Anor [2014] FCCA 1282

Parties: MANPREET KAUR v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: VID 369 of 2014

Judge: MURPHY J

Date of judgment: 21 November 2014

Catchwords: MIGRATION – Judicial review – Migration Review Tribunal – application for partner visa - whether genuine spousal relationship – whether allegations of family violence required to be considered.

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Alsalem v Minister for Immigration, Multicultural Affairs and Citizenship and Another [2013] FCCA 1407 Attorney General (NSW) v Quin (1990) 170 CLR 1 Collins v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FMCA 571 Collins v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FMCA 571 Guven v Minister for Immigration and Multicultural and Indigenous Affairs and Another [2006] FMCA 311 Guven v Minister for Immigration and Multicultural and Indigenous Affairs and Another [2006] FMCA 311 Kaur v Minister for Immigration and Border Protection and Another [2014] FCCA 1282 Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others (1986) 162 CLR 24 Minister for Immigration & Ethnic Affairs v Wu Shan Liang & Ors (1996) 185 CLR 259 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Randhawa v Minister for Immigration, Local Government and Ethnic Affairs (1994) 52 FCR 437 Yang v Minister for Immigration and Border Protection and Another [2014] FCCA 20 Yang v Minister for Immigration and Border Protection and Another [2014] FCCA 20