Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Menon v Minister for Immigration and Border Protection [2018] FCA 1497 Appeal from: Menon v Minister for Immigration and Border Protection (No 2) [2018] FCCA 897
File number: NSD 632 of 2018
Judge: FLICK J
Date of judgment: 5 October 2018
Catchwords: MIGRATION – refusal of spousal visa ADMINISTRATIVE LAW – an opportunity to be heard – not an ongoing opportunity to continue supplementing evidence after decision – circumstances in which tribunal should allow party to re-open – circumstances in which adverse findings as to credit may be challenged on an application for judicial review
Legislation: Migration Act 1958 (Cth) ss 5F, 359AA Migration Regulations 1994 (Cth) reg 1.15A, Sch 2 cl 820.211, Sch 3 cl 3001
Cases cited: AZU15 v Minister for Immigration and Border Protection [2016] FCAFC 74, (2016) 240 FCR 143 CPW16 v Minister for Immigration and Border Protection [2017] FCA 1210 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146, (2016) 253 FCR 496 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Legal Practitioner v Council of the Law Society of the ACT [2016] ACTCA 35, (2016) 311 FLR 108 Menon v Minister for Immigration and Border Protection [2016] FCCA 1708 Menon v Minister for Immigration and Border Protection (No 2) [2018] FCCA 897 Minister for Immigration and Border Protection v Dhillon [2014] FCAFC 157, (2014) 227 FCR 525 Minister for Immigration and Citizenship v SZRKT [2013] FCA 317, (2013) 212 FCR 99 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11, (2002) 209 CLR 597 Re Confidential and Commissioner of Taxation [2013] AATA 382, (2013) 61 AAR 293 Re Gomez and Commonwealth (1988) 15 ALD 784 Re Kowalski and Military Rehabilitation and Compensation Commission [2007] AATA 1988, (2007) 47 AAR 300 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1, (2000) 58 ALD 609 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6, (2003) 214 CLR 1 Singh v Minister for Immigration and Border Protection [2017] FCAFC 220, (2017) 255 FCR 135 SZLGP v Minister for Immigration and Citizenship [2009] FCA 1470, (2009) 181 FCR 113 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253
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