Ngo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 160

Federal Court of Australia

Ngo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 160 Appeal from: Ngo v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1346

File number(s): NSD 706 of 2021

Judgment of: ROFE J

Date of judgment: 3 March 2023

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where Administrative Appeals Tribunal affirmed decision of Minister's delegate refusing to grant appellant a Partner (Residence) (Class BS) (Subclass 801) Visa – where the Tribunal was not satisfied there was sufficient evidence that the parties lived together in a genuine and continuing relationship – whether the Tribunal fell into jurisdictional error by failing to consider relevant evidence – held: appeal dismissed

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Gunatillake v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 387 He v Minister for Immigration and Border Protection (2017) 255 FCR 41 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights