Klychev v Minister for Immigration and Border Protection [2016] FCA 1356

FEDERAL COURT OF AUSTRALIA

Klychev v Minister for Immigration and Border Protection [2016] FCA 1356 Appeal from: Klychev & Ors v Minister for Immigration & Anor [2016] FCCA 1211

File number: NSD 937 of 2016

Judge: KATZMANN J

Date of judgment: 15 November 2016

Catchwords: MIGRATION — Partner (Temporary) (Class UK) Visa — Tribunal refused to grant visa because not satisfied of genuine relationship between primary visa applicant and sponsoring spouse — whether primary judge erred in rejecting any of several grounds of review — whether Tribunal misconstrued or misapplied the law — whether Tribunal failed to take into account relevant evidence or considerations — whether Tribunal's finding that there had been no genuine relationship between primary applicant and sponsor was irrational or illogical — whether appellants denied a fair hearing because Tribunal did not adjourn hearing after isolated angry outburst against migration agent — whether reasonable apprehension of bias

Legislation: Migration Act 1958 (Cth) ss 12, 65, 351, 476 Federal Court of Australia Act 1976 (Cth) ss 24, 27

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Branir v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616 Craig v South Australia (1995) 184 CLR 163 Da Costa v Cockburn Salvage & Trading Pty Ltd (1970) 124 CLR 192 Galea v Galea (1990) 19 NSWLR 263 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136 Kedem v Johnson Lawyers Legal Practice Pty Ltd [2014] FCAFC 3 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Minister for Immigration and Border Protection v SZSSJ [2016] HCA 29; 333 ALR 653 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration, Local Government and Ethnic Affairs v Hamsher (1992) 35 FCR 359 Minister of Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 SLMB v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 129 SZNVM v Minister for Immigration and Citizenship [2010] FCA 261 VFAB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 102 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Warren v Coombes (1979) 142 CLR 531