Gunatillake v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 387

FEDERAL COURT OF AUSTRALIA

Gunatillake v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 387 Appeal from: Gunatillake v Minister for Immigration & Anor [2020] FCCA 871

File number: NSD 546 of 2020

Judgment of: MURPHY J

Date of judgment: 20 April 2021

Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court – decision of Administrative Appeals Tribunal to refuse a partner visa under s 65 of the Migration Act 1958 (Cth) – whether Tribunal failed to consider relevant evidence – finding that Tribunal failed to consider relevant evidence, in the sense of failing to give active intellectual consideration to it – appeal allowed

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; (2017) 252 FCR 352 DLF16 v Minister for Immigration and Border Protection [2017] FCA 1072 FKO17 v Minister for Home Affairs [2019] FCA 98 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 John Fairfax Publications Pty Ltd v Rivkin [2003] HCA 50; (2003) 201 ALR 77 Minister for Home Affairs v Buadromo [2018] FCAFC 151; (2018) 267 FCR 320 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration v SZRKT [2013] FCA 317; (2013) 212 FCR 99 Re Minister for Immigration and Multicultural Affairs of the Commonwealth of Australia; Ex parte Durairajasingham [2000] HCA 1; (2000) 74 ALJR 405 Tickner v Chapman [1995] FCA 987; (1995) 57 FCR 451