Tadese v Minister for Immigration and Border Protection [2021] FCA 514

Federal Court of Australia

Tadese v Minister for Immigration and Border Protection [2021] FCA 514 Appeal from: Tadese v Minister for Immigration and Anor [2020] FCCA 1885

File number(s): VID 591 of 2020

Judgment of: WHEELAHAN J

Date of judgment: 11 May 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia which affirmed a decision of the Administrative Appeals Tribunal to refuse a Class UF Subclass 309 – Partner (Provisional) visa to the appellant's partner – where the appellant and his partner had undertaken DNA testing which produced moderately strong evidence of a half-sibling relationship – where s 88D of the Marriage Act prevents recognition of marriages between half-siblings as valid – where the Tribunal afforded the appellant opportunities to produce further DNA testing to disprove a half-sibling relationship, but where the appellant had declined to do so – whether the Tribunal erred by placing weight on the DNA test results and the reasons for why the appellant did not want to undergo further DNA testing – whether the Tribunal erred in failing to consider a cousin relationship – whether the operation of Part VA of the Marriage Act, in particular s 88G(1), required prima facie recognition of the appellant's marriage as valid, and whether the Tribunal erred in this regard – no such errors – no error by the primary judge – appeal dismissed with costs.

Legislation: Evidence Act 1995 (Cth), s 142(2) Family Law Act 1975 (Cth) s 102 Marriage Act 1961 (Cth) Part VA, ss 5CB, 23, 23B(2), 88A -D, 88F and 88G Migration Act 1958 (Cth) ss 5F, 12 and 353 Migration Regulations 1994 (Cth) cl 309.211(2) Tribunals Amalgamation Act 2015 (Cth), Schedule 9, item 15AG Convention on Celebration and Recognition of the Validity of Marriages [1991] ATS 16, Chapter II, Articles 9 to 12