CVY20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1051

Federal Court of Australia

CVY20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1051 Appeal from: CVY20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 721

File number: NSD 470 of 2021

Judgment of: MARKOVIC J

Date of judgment: 8 September 2022

Catchwords: MIGRATION – appeal from orders made by the Federal Circuit Court of Australia (as it then was) dismissing an application for judicial review of a decision of the second respondent (Tribunal) – where the Tribunal had affirmed a decision of a delegate of the first respondent to cancel the appellant's partner visa pursuant to s 109 and s 140(2) of the Migration Act 1958 (Cth) – where appellant accepts that if her husband's appeal is unsuccessful this appeal will necessarily fail – where appellant's husband's appeal was dismissed – appeal dismissed

Legislation: Migration Act 1958 (Cth) s 140(2)

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 14

Date of hearing: 31 May 2022

Counsel for the Appellant: Ms G Costello

Solicitor for the Appellant: Bardo Lawyers

Counsel for the First Respondent: Mr P Knowles

Solicitor for the First Respondent: Mills Oakley

Counsel for the Second Respondent: The Second Respondent filed a submitting notice

ORDERS NSD 470 of 2021

BETWEEN: CVY20 Appellant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent