Sun v Minister for Immigration and Border Protection [2017] FCA 1270

FEDERAL COURT OF AUSTRALIA

Sun v Minister for Immigration and Border Protection [2017] FCA 1270 Appeal from: Sun v Minister for Immigration & Anor [2016] FCCA 2952

File number: QUD 922 of 2016

Judge: REEVES J

Date of judgment: 27 October 2017

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – whether primary judge erred in failing to find that the Tribunal failed to take into account relevant considerations – whether Tribunal erred in failing to identify "all of the circumstances" of appellant's relationship under reg 1.15A(2) of the Migration Regulations 1994 (Cth) – consideration of Tribunal's obligations under s 368 of the Migration Act 1958 (Cth) – whether an inference can be drawn that the Tribunal did not have regard to certain matters Held: appeal allowed

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Cameron v Board of Trustees of the State Public Sector Superannuation Scheme (2003) 130 FCR 122; [2003] FCAFC 214 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389; [2003] HCA 26 Htun v Minister for Immigration and Multicultural Affairs (2001) 233 FCR 136; [2001] FCA 1802 Khan v Minister for Immigration and Ethnic Affairs (1987) 14 ALD 291 Klychev v Minister for Immigration and Border Protection [2016] FCA 1356 Lafu v Minister for Immigration and Citizenship (2009) 112 ALD 1; [2009] FCAFC 140 Li v Minister for Immigration and Citizenship (2008) 102 ALD 354; [2008] FCA 902 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Border Protection v MZYTS (2013) 230 FCR 431; [2013] FCAFC 114 Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248; [2010] FCAFC 145 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164; [2010] HCA 48 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1; [2004] FCAFC 263 NBMZ v Minister for Immigration and Border Protection (2014) 220 FCR 1; [2014] FCAFC 38 Pokharel v Minister for Immigration and Border Protection [2016] FCAFC 34 Reece v Webber (2011) 192 FCR 254; [2011] FCAFC 33 Sun v Minister for Immigration & Anor [2016] FCCA 2952 SZDXZ v Minister for Immigration and Citizenship [2008] FCAFC 109 Undershaft No 1 v The Commissioner of Taxation (2009) 175 FCR 150; [2009] FCA 41 WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593; [2003] FCAFC 184 Zhang v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 30