Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Adekoya v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1400 Review of: Adekoya and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 768
File number: VID 317 of 2020
Judgment of: ANASTASSIOU J
Date of judgment: 16 November 2021
Catchwords: MIGRATION – judicial review of decision from Administrative Appeals Tribunal to refuse grant of visa to applicant's husband – partner visa application – whether Tribunal failed to consider both s 501(6)(ba)(iii) of the Migration Act 1958 (Cth) and Direction 79 in deciding to refuse grant of visa – whether Tribunal took into account irrelevant considerations – whether Tribunal engaged in illogical and/or irrational reasoning – whether decision was a Part 5-reviewable decision such that Tribunal was subject to the requirements prescribed in s 359AA of the Act – whether applicant's husband was denied procedural fairness – application dismissed
Legislation: Migration Act 1958 (Cth), ss 338(5), 347(2)(b), 359AA, 500(1)(b), 500(3), 501(1), 501(6) Convention Relating to the Status of Refugees, opened for signature 28 July 1951, 189 UNTS 137 (entered into force 22 April 1954), Art 1F
Cases cited: AZAFQ v Minister for Immigration and Border Protection [2016] FCAFC 105; 243 FCR 451 Brown v Minister for Immigration and Border Protection [2015] FCAFC 141, 235 FCR 88 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 293; 49 FCR 576 CQG15 v Minister for Immigration and Border Protection [2016] FCAFC 146; 253 FCR 496 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; 162 CLR 24 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v SZGUR [2011] HCA 1; 241 CLR 594 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152
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