Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Abboud v Minister for Immigration and Border Protection [2018] FCA 185 Appeal from: Abboud v Minister for Immigration & Anor [2017] FCCA 2047
File number(s): NSD 1632 of 2017
Judge(s): JAGOT J
Date of judgment: 2 March 2018
Catchwords: MIGRATION – partner visa – whether marriage genuine – spouse previously obtained protection visa based on homosexuality – Tribunal's premise that homosexuality fixed at and immutable from birth – premise prevented Tribunal from engaging with claims and material – irrational and illogical reasoning process – jurisdictional error – appeal allowed ADMINISTRATIVE LAW – failure to consider circumstances specific to the visa applicant and spouse – illogical or irrational reasoning process – appeal allowed
Legislation: Migration Act 1958 (Cth) ss 5F, 65 Migration Regulations 1994 (Cth)
Cases cited: DAO16 v Minister for Immigration and Border Protection [2018] FCAFC 2
Date of hearing: 20 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 29
Counsel for the Appellant: A Kumar
Counsel for the First Respondent: T Liu
Solicitor for the First Respondent: Clayton Utz
ORDERS NSD 1632 of 2017
BETWEEN: LINDA ABBOUD Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
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