Jata v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1998

FEDERAL COURT OF AUSTRALIA

Jata v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1998 Appeal from: Jata v Minister for Immigration & Anor [2019] FCCA 1557

File number: VID 707 of 2019

Judge: WHEELAHAN J

Date of judgment: 26 November 2019

Catchwords: MIGRATION – appeal from Federal Circuit Court – whether the appellant made a clearly articulated submission to the Tribunal regarding time taken to process an application for a partner visa – whether the Tribunal failed to evaluate the submission – submission put clearly to the Tribunal – Tribunal gave appropriate consideration to appellant's circumstances – appeal dismissed.

Legislation: Migration Act 1958 (Cth) ss 348, 357A(3), 360(1), 476 Migration Regulations 1994 (Cth) cl 820.21

Cases cited: Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 264 CLR 123 McNamara v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1096 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 MZYPZ v Minister for Immigration and Citizenship [2012] FCA 478; 127 ALD 510 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; 144 FCR 1 Politis v Commissioner of Taxation [1988] FCA 739; 16 ALD 707 Re Minister for Immigration and Multicultural Affairs; ex parte Applicant S20/2002 [2003] HCA 30; 198 ALR 59 Singh v Minister for Home Affairs [2019] FCAFC 3 SZSSC v Minister for Immigration and Border Protection [2014] FCA 863; 142 ALD 150