Markaj v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 120

FEDERAL COURT OF AUSTRALIA

Markaj v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 120 Review of: Decision of the Administrative Appeals Tribunal delivered by Deputy President Britten-Jones on 26 May 2021

File number(s): VID 354 of 2021

Judgment of: ROFE J

Date of judgment: 18 February 2022

Catchwords: MIGRATION – application for judicial review of Tribunal decision – where Tribunal affirmed Minister's refusal to grant the applicant a partner visa – where applicant does not pass character test – application of considerations in Ministerial Direction No. 90 – whether Tribunal's findings regarding the applicant's "deceitful nature" and "character flaws" were unreasonable or illogical – whether Tribunal erred in assessing the risk of harm posed by the applicant – whether Tribunal erred in assessing the deemed expectations of the Australian community – application dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132 Ayoub v Minister for Immigration and Border Protection [2015] FCAFC 83 FYBR v Minister for Home Affairs [2019] FCAFC 185 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Moana v Minister for Immigration and Border Protection [2015] FCAFC 54 Tanielu v Minister for Immigration and Border Protection [2014] FCA 673 TTY167 v Republic of Nauru [2018] HCA 61