Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bhalla v Minister for Immigration and Border Protection [2016] FCA 395 Appeal from: Bhalla v Minister for Immigration & Anor [2015] FCCA 2381
File number(s): NSD 1128 of 2015
Judge(s): GILMOUR J
Date of judgment: 22 April 2016
Catchwords: MIGRATION – whether the AAT has the power to obtain an independent expert's report as to whether the applicant was a victim of family violence – whether the AAT is bound to accept the opinion of independent expert as correct – whether a person may be a perpetrator of family violence by passivity in the face of violence against the victim by another person
Legislation: Family Law Act 1975 s 114 Migration Act 1958 ss 65, 349, 498 Migration Regulations 1994 (Cth) Sch 2 cl 100.221, Regs 1.21, 1.23, 1.24, 1.25, 1.26
Cases cited: Bull v Attorney General for NSW (1913) 17 CLR 370 Davison v Queensland (2006) 226 CLR 234 Devenish v Jewel Food Stores (1991) 172 CLR 32 Minister for Immigration and Citizenship v Maman (2012) 200 FCR 30 Sie Sok v Minister for Immigration and Border Protection (2000) 238 CLR 251
Date of hearing: 10 February 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 56
Counsel for the Appellant: Mr LJ Karp
Solicitor for the Appellant Parish Patience Immigration Lawyers
Counsel for the Respondent: Mr MJ Smith
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