Federal Court of Australia
Federal Court of Australia
Pham v Minister for Home Affairs [2022] FCA 7 Appeal from: Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 718
File number: NSD 429 of 2021
Judgment of: YATES J
Date of judgment: 18 January 2022
Catchwords: MIGRATION – appeal from a judgment of the Federal Circuit Court of Australia seeking judicial review of a decision of the Administrative Appeals Tribunal affirming a decision of the delegate not to grant a Partner (Residence) (Class BS) visa – whether the Tribunal had an active intellectual engagement with statutory declarations in support of the appellant
Legislation: Migration Act 1958 (Cth) s 5F Migration Regulations 1994 (Cth) cl 801.221(2), reg 1.15A
Cases cited: He v Minister for Immigration and Border Protection [2017] FCAFC 206; 255 FCR 41 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 755 Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1879
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 80
Date of hearing: 19 October 2021
Counsel for the Appellant: Mr N Poynder
Solicitor for the Appellant: DNG Lawyers & Migration
Counsel for the First Respondent: Ms K Hooper
Solicitor for the First Respondent: Mills Oakley
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