Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nirbhai v Minister for Immigration and Border Protection [2016] FCA 161 Appeal from: Nirbhai v Minister for Immigration [2015] FCCA 2833
File number: SAD 393 of 2015
Judge: WHITE J
Date of judgment: 29 February 2016
Catchwords: Migration – application for judicial review – decision of Migration Review Tribunal to affirm decision of the Minister to refuse visa application – relationship between appellant and sponsoring spouse has ceased – appellant claims to have suffered family violence – meaning of the term 'family violence' in Migration Regulations – whether appellant has "suffered family violence" by reason of alleged infidelity of spouse. Held: appeal dismissed
Legislation: Migration Act 1958 (Cth) s 476 Migration Regulations 1994 (Cth) regs 1.22, 1.23, 1.24, 1.25, 801.221, 820.221
Cases cited: Bushell v Repatriation Commission (1992) 175 CLR 408 Cakmak v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 257; (2003) 135 FCR 183 Sok v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 56; (2005) 144 FCR 170 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 at 438
Date of hearing: 18 February 2016
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 35
Counsel for the Appellant: The Appellant appeared in person
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