Chaichian v Minister for Immigration and Border Protection [2016] FCA 646

FEDERAL COURT OF AUSTRALIA

Chaichian v Minister for Immigration and Border Protection [2016] FCA 646 Appeal from: Chaichian v Minister for Immigration [2016] FCCA 350

File number: NSD 378 of 2016

Judge: NORTH J

Date of judgment: 27 May 2016

Legislation: Migration Act 1958 (Cth) ss 5F(2) Migration Regulations 1994 (Cth) regs 1.21, 1.23, 1.24, 1.26, 801.221

Date of hearing: 26 and 27 May 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 25

Counsel for the Appellant: Mr J Williams

Solicitor for the Appellant: Russell Byrnes Solicitors

Counsel for the Respondents: Ms B Tronson

Solicitor for the Respondents: DLA Piper Australia

ORDERS NSD 378 of 2016

BETWEEN: HODA HOSSEIN CHAICHIAN Appellant

AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

JUDGE: NORTH J DATE OF ORDER: 27 MAY 2016

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant to pay the first respondent's costs of the appeal, including hearings on both 26 May and 27 May 2016, as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

NORTH J:

introduction 1 Before the Court is an appeal from an order of the Federal Circuit Court made on 23 February 2016. The Federal Circuit Court dismissed an application for judicial review of a decision of the Migration Review Tribunal, now the Administrative Appeals Tribunal, made on 13 February 2015 not to grant the appellant a Partner (Residence) (Class BS) visa.