Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ram v Minister for Immigration and Border Protection [2018] FCA 1068 Appeal from: Ram v Minister for Immigration [2017] FCCA 687
File number: NSD 429 of 2017
Judge: COLLIER J
Date of judgment: 17 July 2018
Catchwords: MIGRATION – partner visa application – appeal against decision of the Federal Circuit Court to dismiss application for judicial review of Tribunal's decision – where Tribunal made a determination that the visa application was not valid because of s 48 of the Migration Act 1958 (Cth) (the Act) – interaction of s 48 of the Act and reg 2.12 and item 1124B of Sch 1 of the Migration Regulations 1995 (Cth) (the Regulations) – whether item 1124B(3) of Sch 1 to the Regulations could affect the validity of a visa application – whether item 1124B(3) of Sch 1 to the Regulations operated retrospectively – whether the appeal should be dismissed for being futile – meaning of "primary decision" in s 476(4) of the Act
Legislation: Migration Act 1958 (Cth) ss 46, 46(1)(d), 47, 47(3), 48, 476(2), 476(4) Migration Regulations 1995 (Cth) reg 2.12, Sch 1 items 1124B, 1124B(3), 1124B(3)(e)(i), Sch 2 cll 832.211, 832.211(3)(c), 832.211(3)(c)(iv)
Cases cited: Minister for Immigration and Multicultural and Indigenous Affairs v Kim [2004] FCAFC 329; (2004) 141 FCR 315 Ram v Minister for Immigration [2017] FCCA 687
Date of hearing: 15 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
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