Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZOXP v Minister for Immigration and Border Protection [2015] FCA 183 Citation: SZOXP v Minister for Immigration and Border Protection [2015] FCA 183
Appeal from: Application for extension of time: Minister for Immigration & Border Protection v SZOXP & Anor [2014] FCCA 565
Parties: SZOXP v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL
File number: NSD 1277 of 2014
Judge: MCKERRACHER J
Date of judgment: 6 March 2015
Catchwords: MIGRATION – application for extension of time to appeal from orders of Federal Circuit Court – explanation for delay – merits of substantive appeal – whether applicant was in a de facto relationship with an Australian citizen in circumstances where the applicant and other person had not previously lived together but intended to do so when they were married – whether her Honour erred in her construction of s 5CB(2)(c)(ii) of the Migration Act 1958 (Cth) in finding that it was necessary for the applicant and partner to previously have lived together – application granted
Legislation: Migration Act 1958 (Cth) s 5CB(2)(c)(ii) Migration Regulations 1994 (Cth) reg 1.09A, Sch 2 reg 820.211
Cases cited: ActewAGL Distribution v Australian Energy Regulator (2011) 195 FCR 142 Ally v Minister for Immigration & Citizenship [2008] FCAFC 49 Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 293 ALR 257 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Kale & Karmel (No 2) [2012] FamCA 954 Konteh v Minister for Immigration and Multicultural Affairs [2007] FCAFC 12 Li v Minister for Immigration, Local Government & Ethnic Affairs (1992) 33 FCR 568 Maritime Union of Australia v Assistant Minister for Immigration and Border Protection [2014] FCA 993 Minister for Immigration and Citizenship v Kumar (2009) 238 CLR 448 Minister for Immigration and Citizenship v Sok (2008) 165 FCR 586 Minister for Immigration and Citizenship v Zaouk (2007) 159 FCR 152 Sok v Minister for Immigration and Citizenship (2008) 238 CLR 251 Minister for Immigration & Multicultural & Indigenous Affairs v Maltsin (2005) 88 ALD 304 NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (2002) 123 FCR 298 Parker v The Queen [2002] FCAFC 133 Zhang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 30
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