El Jejieh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1103

FEDERAL COURT OF AUSTRALIA

El Jejieh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1103 Appeal from: El Jejieh v Minister for Home Affairs & Anor (No 2) [2019] FCCA 840

File number: NSD 668 of 2019

Judge: WIGNEY J

Date of judgment: 3 August 2020

Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where primary judge dismissed judicial review application of decision of Administrative Appeals Tribunal (AAT) – where AAT had affirmed decision by delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse visa application – where delegate found applicant no longer in a genuine relationship with sponsor – where AAT found applicant had never been in a genuine relationship – where information and documents before AAT subject to s 375A certificates under the Migration Act 1958 (Cth) (the Act) – where one s 375A certificate replaced with s 376 certificate on date of AAT's decision – whether non-disclosure of s 375A certificate revoked on day of decision was a jurisdictional error – whether non-disclosure of s 376 certificate issued on day of decision was a jurisdictional error – whether AAT breached s 360 of the Act by failing to notify applicant of issue concerning whether he was ever in a genuine relationship – whether AAT correctly construed cl 100.221(4) of Sch 2 to Migration Regulations 1994 (Cth) – leave to amend notice of appeal granted – appeal allowed

Legislation: Migration Act 1958 (Cth) ss 5F, 5F(1), 5F(2), 5F(3), 357A, 358, 359AA, 359A, 360, 360(1), 375A, 375A(1), 376, 376(3), 376(3)(b), 422B, 423, 424AA, 424A, 425, 425(1), 438, 438(1), 476 Migration Regulations 1994 (Cth) reg 1.15A, 1.15A(3), Sch 2 cll 100.221(1), 100.221(2), 100.221(2A), 100.221(3), 100.221(4), 100.221(4)(b), 100.221(4A), 309.221, 309.211(2)(a)