Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tuiketei v Minister for Immigration and Border Protection [2018] FCA 206 Appeal from: Tuiketei v Minister for Immigration and Border Protection [2017] FCCA 2324
File number: NSD 1727 of 2017
Judge: YATES J
Date of judgment: 6 March 2018
Catchwords: MIGRATION – application for Partner (Temporary) (Class UK) visa – existence of de facto relationship – whether Tribunal failed to consider compelling and compassionate circumstances
Legislation: Migration Act 1958 (Cth), s 5CB Migration Regulations 1994 (Cth), regs 1.09A, 2.03A, Sch 2, cll 820.211, 820.221
Cases cited: Shrestha v Migration Review Tribunal [2015] FCAFC 87; (2015) 229 FCR 301
Date of hearing: 21 February 2018
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 60
Counsel for the Appellant: Mr A N Silva with Mr N G Silva
Counsel for the First Respondent: Ms N Laing
Solicitor for the First Respondent: Clayton Utz
Counsel for the Second Respondent The second respondent filed a submitting appearance
ORDERS NSD 1727 of 2017
BETWEEN: JOJI NAVUMA TUIKETEI Appellant
AND: MINISTER FOR IMMIGRATION AND BORDER PROTECTION First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: YATES J DATE OF ORDER: 6 MARCH 2018
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the first respondent's costs, assessed in the sum of $4,427.00. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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