Tam v Minister for Immigration and Border Protection [2019] FCA 780

FEDERAL COURT OF AUSTRALIA

Tam v Minister for Immigration and Border Protection [2019] FCA 780 Appeal from: Tam v Minister for Immigration & Anor [2018] FCCA 3728

File number: SAD 16 of 2019

Judge: WHITE J

Date of judgment: 29 May 2019

Catchwords: MIGRATION – the two Appellants had applied in a single application for Partner (Temporary) (Class UK) visas (Temporary visa) and Partner (Residence) (Class BS) visas (Permanent visa) – a delegate of the Minister (the first delegate) refused the application for both visas and notified the Appellants of both decisions – Appellants sought (unsuccessfully) review of the decision refusing the Temporary visa in the Migration Review Tribunal (MRT) and judicial review of the MRT decision in the Federal Circuit Court (FCC) – the Department then re-notified the first delegate's decision refusing the Permanent visa – the Administrative Appeals Tribunal (AAT) affirmed the decision to the first delegate refuse the Permanent visa – application for judicial review in the FCC dismissed – appeal to the Federal Court – whether FCC had misunderstood its jurisdiction with respect to judicial review – whether the whole of the decision of the first delegate had been reviewable in the AAT by reason of a postulated defect in the notification required by s 66 of the Migration Act 1958 (Cth) of the first delegate's decision – whether the FCC should have found a denial of procedural fairness resulting from the non-disclosure of a s 375A certificate. Held: appeal dismissed.

Legislation: Constitution s 75(v) Migration Act 1958 (Cth) ss 5CB, 5F, 66, 67(4), 347, 348, 351, 359A, 375A, 474, 476 Migration Regulations 1994 (Cth) reg 1.09A(3); cll 801, 820 of Sch 2