Ibrahim v Minister for Immigration and Border Protection [2018] FCA 2087

FEDERAL COURT OF AUSTRALIA

Ibrahim v Minister for Immigration and Border Protection [2018] FCA 2087 Appeal from: Ibrahim v Minister for Immigration & Anor [2017] FCCA 1766

File number: NSD 1437 of 2017

Judge: WIGNEY J

Date of judgment: 21 December 2018

Catchwords: MIGRATION – application for a Partner (Residence) (Class BS) (Subclass 801) visa – where Administrative Appeals Tribunal affirmed the decision of a delegate of the Minister for Immigration and Border Protection to refuse to grant the visa – where Administrative Appeals Tribunal was not satisfied that the applicant met the criteria in cll 801.221 and 801.226 of Schedule 2 to the Migration Regulations 1994 (Cth) – where Administrative Appeals Tribunal was not satisfied that the applicant met PIC 4020 of Schedule 4 to the Migration Regulations 1994 (Cth) – where proceedings commenced in the Federal Circuit Court of Australia pursuant to s 476 of the Migration Act 1958 (Cth) – whether Administrative Appeals Tribunal complied with its statutory requirements under s 359A of the Migration Act 1958 (Cth) – whether Administrative Appeals Tribunal provided clear particulars of the information to the applicant – where primary judge held that Administrative Appeals Tribunal complied with its statutory requirements under s 359A of the Migration Act 1958 (Cth) – where primary judge held that Administrative Appeals Tribunal was not required to provide the whole of the content of the communication or the particulars of the whole document – no jurisdictional error found – application dismissed ADMINISTRATIVE LAW – judicial review – appeal from the Federal Circuit Court of Australia – whether primary judge erred in concluding that Administrative Appeals Tribunal had provided clear particulars of any information as required by s 359AA or s 359A of the Migration Act 1958 (Cth) – whether primary judge erred in concluding that Administrative Appeals Tribunal had not impermissibly imposed a burden and standard of proof of beyond reasonable doubt on the appellant in respect of the relevant visa criterion – whether Administrative Appeals Tribunal misunderstood its statutory function – whether Administrative Appeals Tribunal was legally unreasonable – where Administrative Appeals Tribunal was found to have complied with s 359AA or s 359A of the Migration Act 1958 (Cth) in providing clear particulars of all the information which it considered at the time would be the reason, or part of the reason, for affirming the decision under review – where primary judge was correct to find that Administrative Appeals Tribunal did not contravene s 359AA of the Migration Act 1958 (Cth) – whether Administrative Appeals Tribunal did not impose a burden and standard of proof of beyond reasonable doubt on the appellant – appeal dismissed