Federal Court of Australia
Federal Court of Australia
Hong v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1697 Appeal from: Hong v Minister for Immigration & Anor [2019] FCCA 3500
File number: WAD 625 of 2019
Judgment of: RANGIAH J
Date of judgment: 25 November 2020
Catchwords: MIGRATION – application for judicial review of decision of Federal Circuit Court dismissing application for review of decision of Administrative Appeals Tribunal to affirm decision of Minister to refuse Partner visa – whether Tribunal overlooked evidence relevant to determination of whether appellant was the spouse of the sponsoring partner – whether such failure was material – application dismissed MIGRATION – application for leave to amend Notice of Appeal – where amended grounds of review not argued before primary judge – whether expedient in interests of justice for leave to be granted – application allowed in part
Legislation: Migration Act 1958 (Cth) ss 5F, 57, 65, 338 and 348 Migration Regulations 1994 (Cth) reg 1.15A and cl 801.221 of Sch 2
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 CAL15 v Minister for Immigration and Border Protection [2016] FCA 1344 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 CGA15 v Minister for Home Affairs (2019) 268 FCR 362 Coulton v Holcombe (1986) 162 CLR 1 DQM18 v Minister for Home Affairs [2020] FCAFC 110 FBR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1620 Han v Minister for Home Affairs [2019] FCA 331 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 SZVBT v Minister for Immigration and Border Protection (2017) 72 AAR 1; [2017] FCA 355 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588
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