Truong v Minister for Immigration and Border Protection [2014] FCA 1312

FEDERAL COURT OF AUSTRALIA

Truong v Minister for Immigration and Border Protection [2014] FCA 1312 Citation: Truong v Minister for Immigration and Border Protection [2014] FCA 1312

Appeal from: Truong v Minister for Immigration & Anor [2013] FCCA 1965

Parties: DUC THAO TRUONG v MINISTER FOR IMMIGRATION & BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number(s): VID 1342 of 2013

Judge(s): GREENWOOD J

Date of judgment: 3 December 2014

Catchwords: MIGRATION – consideration of an appeal from the Federal Circuit Court dismissing an application for judicial review of a decision of the Migration Review Tribunal affirming a decision of a delegate of the Minister to refuse the appellant's application for a Partner (Temporary) (Class UK), Subclass 820 (Spouse) visa – consideration of the definition of spouse in reg 1.15A of the Migration Regulations 1994 (Cth) – consideration of the criteria for the grant of a subclass 820 visa contained in Pt 820 of Sch 2 to the Migration Regulations 1994 (Cth) – consideration of the distinction between "time of application" criteria and "time of decision" criteria – where Tribunal failed to distinguish between matters relevant to the "time of application" criteria and matters relevant to the "time of decision criteria"

Legislation: Migration Act 1956 (Cth), s 31 Migration Regulations 1994 (Cth), regs 1.03; 1.15A; 2.01; 2.03; Sch 1, cl 1214C; Sch 2, cls 300.213, 820.21, 820.211, 820.22, 820.221, 820.222, 820.223, 820.226

Cases cited: Truong v Minister for Immigration & Anor [2013] FCCA 1965 – cited and quoted Minister of State for Immigration, Local Government and Ethnic Affairs v Dhillon (unreported, Full Court of the Federal Court of Australia, 8 May 1990, Northrop, Wilcox and French JJ) – cited