Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martinaj v Minister for Immigration and Border Protection [2016] FCA 868 Appeal from: Martinaj v Minister for Immigration and Border Protection [2016] FCCA 217
File number: VID 308 of 2016
Judge: KENNY J
Date of judgment: 2 August 2016
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court – appellant, an Albanian citizen, applied for a partner visa under the family violence provisions of the Migration Regulations 1994 (Cth) – Migration Review Tribunal not satisfied appellant suffered family violence and referred claims to independent expert for assessment – whether independent expert failed to consider correct test for relevant family violence
Legislation: Migration Act 1958 (Cth) Migrations Regulations 1994 (Cth)
Cases cited: Coulton and Others v Holcombe and Others [1986] HCA 33; 162 CLR 1 Hird v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2015] FCAFC 7; 227 FCR 95 IYER v Minister for Immigration and Multicultural Affairs [2001] FCA 929; 192 ALR 71 Martinaj v Minister for Immigration and Border Protection [2016] FCCA 217 Metwally v University of Wollongong [No 2] [1985] HCA 28; 60 ALR 68 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 MZYPO v Minister for Immigration and Citizenship [2013] FCAFC 1 O'Brien and Others v Komesaroff [1982] HCA 33; 150 CLR 310 Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476 Water Board v Moustakas [1988] HCA 12; 180 CLR 491
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