Nduta v Minister for Immigration and Border Protection [2016] FCA 1596

FEDERAL COURT OF AUSTRALIA

Nduta v Minister for Immigration and Border Protection [2016] FCA 1596 Appeal from: Nduta v Minister for Immigration & Anor [2016] FCCA 1220

File number: NSD 983 of 2016

Judge: RARES J

Date of judgment: 10 November 2016

Catchwords: MIGRATION – application for a spousal visa – cl 820.211 of Migration Regulations 1994 (Cth) required decision maker be satisfied that the visa applicant met the statutory definition of "spouse" when visa application lodged – where decision maker found the visa applicant did not meet statutory definition of "spouse" at the time visa application was lodged by relying, amongst other evidence, on letters drafted and received after visa application lodged – whether decision maker committed jurisdictional error by relying on material produced after lodgement of visa application MIGRATION – where freedom of information request produced material to which decision maker did not refer in reasons – whether decision maker committed jurisdictional error by failing to refer in reasons to material produced in response to freedom of information request

Legislation: Australian Consumer Law ss 18, 236 Competition and Consumer Act 2010 (Cth) Sch 2 Migration Act 1958 (Cth) s 5F Migration Regulations 1994 (Cth) reg 1.15A Trade Practices Act 1974 (Cth) ss 52, 82

Cases cited: Ally v Minister for Immigration [2007] FMCA 430 Ally v Minister for Immigration and Citizenship [2008] FCAFC 49 Minister for Immigration & Border Protection v Truong [2016] FCAFC 54 Minister for Immigration and Citizenship v SZRKT (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Telstra Corporation Limited v Australian Competition and Consumer Commission (2008) 176 FCR 153