Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Larney v Minister for Home Affairs [2019] FCA 700 Appeal from: Larney v Minister for Immigration & Anor [2018] FCCA 2707
File number: WAD 368 of 2018
Judge: KERR J
Date of judgment: 21 May 2019
Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court dismissing an application for judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of a delegate of the Minister for Home Affairs refusing the Appellant a partner visa – whether Tribunal misidentified information to be considered under Public Interest Criterion 4020 – whether Tribunal misconstrued Public Interest Criterion 4020 – whether Tribunal erred in finding that the Appellant had previously been in a de facto relationship and had provided information that was false or misleading in a material particular – appeal allowed
Legislation: Migration Act 1958 (Cth) s 5CB Migration Regulations 1994 (Cth) Sch 4
Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456; 43 FCR 280 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 93 ALJR 252 Minister for Immigration and Border Protection v SZOXP [2014] FCCA 565; 285 FLR 384 SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69; 231 FCR 1 Trivedi v Minister for Immigration and Border Protection [2014] FCAFC 42; 220 FCR 169
Date of hearing: 26 February and 16 April 2019
Registry: Western Australia
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