Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Immigration and Border Protection [2017] FCA 1298 Appeal from: Singh v Minister for Immigration & Anor [2016] FCCA 1171
File number: SAD 190 of 2016
Judge: CHARLESWORTH J
Date of judgment: 9 November 2017
Catchwords: MIGRATION – partner visa – mandatory considerations – requirement to consider degree of companionship and emotional support the parties to a relationship draw from each other — bilateral considerations – administrative decision-maker misconstruing statute – jurisdictional error
Legislation: Migration Act 1958 (Cth), ss 5F, 474, 476 Federal Court Rules 2011 (Cth), r 4.12 Migration Regulations 1994 (Cth), reg 1.15A, cl 820.211
Cases cited: Ally v Minister for Immigration & Citizenship [2008] FCAFC 49 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Craig v South Australia (1995) 184 CLR 163 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, (2009) 259 ALR 429 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 NAHI v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 10 Nduta v Minister for Immigration and Border Protection [2016] FCA 1596 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 R v Toohey; ex parte Meneling Station Pty Ltd (1982) 158 CLR 327 Singh v Minister for Immigration & Anor [2016] FCCA 1171
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