Huynh v Minister for Immigration and Border Protection [2015] FCA 701

FEDERAL COURT OF AUSTRALIA

Huynh v Minister for Immigration and Border Protection [2015] FCA 701 Citation: Huynh v Minister for Immigration and Border Protection [2015] FCA 701

Appeal from: Huynh v Minister for Immigration and Border Protection & Anor [2015] FCCA 34

Parties: THI BAO THUONG HUYNH v MINISTER FOR IMMIGRATION AND BORDER PROTECTION and MIGRATION REVIEW TRIBUNAL

File number: NSD 168 of 2015

Judge: GRIFFITHS J

Date of judgment: 10 July 2015

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia ('FCCA') affirming a decision of the Migration Review Tribunal ('Tribunal') which affirmed the Minister's refusal of a partner visa – where the appellant was the visa applicant's sponsor – where the Tribunal invited the visa applicant to give oral evidence under s 359(2) of the Migration Act 1958 (Cth) ('Act') – whether the FCCA erred in affirming the Tribunal's decision that the visa applicant was not an 'applicant' under ss 359A and 360 of the Act – whether the FCCA erred in finding the Tribunal did not act unreasonably in failing to raise with the visa applicant during the course of his telephone interview various issues of concern which were later relied on by the Tribunal in rejecting his wife's review application – whether the appellant should have leave to raise a fresh ground of appeal relating to procedural unfairness

Legislation: Migration Act 1958 (Cth) ss 5F, 338(5), 347(2)(b), 348, 349, 353, 357A, 357A(3), 358, 359, 359(1), 359(2), 359AA, 359A, 359B, 360, 360(1), 361(2), 362, 362A, 362B, 363, 366, 366A, 366B, 366C, 366D, 367 Migration Legislation Amendment Act 1989 (Cth) s 26 (inserting ss 64K, 64M) Migration Regulations 1994 (Cth) reg 1.15A, Sch 2 cll 309.211, 309.221