Denizgezen v Minister for Immigration and Border Protection [2017] FCA 457

FEDERAL COURT OF AUSTRALIA

Denizgezen v Minister for Immigration and Border Protection [2017] FCA 457 Appeal from: Denizgezen v Minister for Immigration and Border Protection [2016] AATA 727

File number: VID 1387 of 2016

Judge: TRACEY J

Date of judgment: 2 May 2017

Catchwords: MIGRATION – application for judicial review of a decision of the Administrative Appeals Tribunal ("Tribunal") to affirm a decision of the Minister's delegate to refuse to grant a partner (temporary) (class UK) visa – where refusal to grant visa under s 501(1) of the Migration Act 1958 (Cth) – where applicant failed to pass the character test in s 501(6)(d)(i) of the Migration Act 1958 (Cth) – transfer from the Federal Circuit Court of Australia to the Federal Court of Australia pursuant to s 39(1) of the Federal Circuit Court of Australia Act 1999 (Cth) – whether Tribunal erred by acting without or in excess of jurisdiction – whether the Tribunal erred by asking the wrong questions – whether the Tribunal erred by relying on irrelevant material or ignoring relevant material – whether the Tribunal erred by denying the applicant natural justice – whether the Tribunal failed to consider s 424A(1) of the Migration Act 1958 (Cth)

Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 39(1) Migration Act 1958 (Cth) ss 424A(1), 499(1), 499(2A), 501(1), 501(6)(d)(i)

Cases cited: Aksu v Minister for Immigration and Multicultural Affairs (2001) 65 ALD 667; [2001] FCA 514 Brown v Minister for Immigration and Citizenship (2009) 112 ALD 67; [2009] FCA 1098 Brown v Minister for Immigration and Citizenship (2010) 265 ALR 668; [2010] FCAFC 33 Denizgezen v Minister for Immigration and Border Protection [2016] AATA 727 Minister for Immigration and Multicultural and Indigenous Affairs v Huynh (2004) 139 FCR 505; [2004] FCAFC 256