Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nguyen v Minister for Immigration and Border Protection [2018] FCA 1374 Appeal from: Nguyen v Minister for Immigration & Anor [2018] FCCA 161
File number: VID 368 of 2018
Judge: WHITE J
Date of judgment: 6 September 2018
Catchwords: MIGRATION – application for partner visa – appeal from Federal Circuit Court – whether failure by Tribunal to consider two statutory declarations amounted to jurisdictional error – mandatory requirement under reg 1.15A(3)(c) of the Migration Regulations 1994 (Cth) for Tribunal to consider opinions of friends and acquaintances – whether the Tribunal had discharged the obligation to "consider" matters in reg 1.15A(3) – appeal allowed.
Legislation: Migration Act 1958 (Cth) s 5F Migration Regulations 1994 (Cth) reg 1.15A, cl 801.221
Cases cited: Bondelmonte v Bondelmonte [2017] HCA 8; (2017) 259 CLR 662 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 Coulton v Holcombe (1986) 162 CLR 1 Dovuro Pty Ltd v Wilkins [2003] HCA 51; (2003) 215 CLR 317 He v Minister for Immigration and Border Protection [2017] FCAFC 206; (2017) 255 FCR 41 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114; (2013) 230 FCR 431 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; (2014) 309 ALR 67 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52; (2016) 243 FCR 220 Tickner v Chapman (1995) 57 FCR 451
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