Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tran v Minister for Home Affairs [2019] FCA 1126 Appeal from: Tran & Anor v Minister for Home Affairs & Anor [2018] FCCA 3631
File number: QUD 881 of 2018
Judge: DERRINGTON J
Date of judgment: 25 July 2019
Catchwords: MIGRATION – partner visa – whether parties in a genuine spousal relationship – whether Tribunal erred in failing to provide documents to appellants – appellants provided with relevant information on two separate occasions at different hearings and given opportunity to respond – no possible practical injustice PRACTICE AND PROCEDURE – conduct of legal representatives of the Commonwealth – Model Litigant Rules – inappropriateness of non-Commonwealth parties raising rules – Model Litigant Rules not giving other parties to litigation enforceable rights or entitlements
Legislation: Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)
Cases cited: Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 He v Minister for Immigration and Border Protection (2017) 255 FCR 41 Minister for Immigration and Border Protection v SZMTA (2019) 363 ALR 599 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 NASB v Minister for Immigration and Multicultural Affairs [2004] FCAFC 24 Nguyen v Minister for Immigration and Border Protection [2019] FCA 159 SZNKO v Minister for Immigration and Citizenship (2010) 184 FCR 505
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