Hinton v Minister for Immigration and Border Protection [2015] FCA 408

FEDERAL COURT OF AUSTRALIA

Hinton v Minister for Immigration and Border Protection [2015] FCA 408 Citation: Hinton v Minister for Immigration and Border Protection [2015] FCA 408

Appeal from: Hinton v Minister for Immigration & Anor [2014] FCCA 2505

Parties: PAUL RONALD HINTON v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 1221 of 2014

Judge: MCKERRACHER J

Date of judgment: 1 May 2015

Catchwords: MIGRATION – application for a partner visa for dependent child over 18 – Migration Review Tribunal satisfied that child over 18 met the requirements of dependency at the time of the visa application but not at the time of the Tribunal decision – Tribunal found there was 'no information' as to dependency in the six months prior to the Tribunal decision – Migration Regulations 1994 (Cth) Sch 2, cl 309.321 and regs 1.05A and 1.12(1) not satisfied ADMINISTRATIVE LAW – whether Tribunal breached s 358(1) of the Migration Act 1958 (Cth) by failing to consider a letter concerning monthly financial payments in the six months prior to the Tribunal's decision – whether information in the letter was probative or cogent – whether Tribunal failed to complete the exercise of its jurisdiction by failing to further investigate contrary to s 359(1) of the Migration Act 1958 (Cth) – whether Tribunal failed to make an obvious inquiry about a critical fact, the existence of which is easily ascertained and which had a sufficient link to the outcome of the review – whether rare and exceptional circumstances – whether further inquiry could have yielded a useful result