Spano v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 389

Federal Court of Australia

Spano v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 389 Appeal from: Administrative Appeals Tribunal 2020/4510

File number(s): ACD 26 of 2022

Judgment of: ABRAHAM J

Date of judgment: 28 April 2023

Catchwords: MIGRATION – judicial review – application for partner visa – appeal against decision of Administrative Appeals Tribunal – where Tribunal found the visa applicant did not meet the character test in s 501 of the Migration Act – where Tribunal exercised its discretion not to grant a partner visa – whether procedural unfairness, legal unreasonableness or bias amounting to jurisdictional error by the Tribunal. HELD – application dismissed – no jurisdictional error by the Tribunal established.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 33(1)(c) Migration Act 1958 (Cth) ss 499(2A), 501(1), 501(6)

Cases cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 CNY17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 268 CLR 76 Commonwealth of Australia v Snell [2019] FCAFC 57; (2019) 269 FCR 18 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Mailau v Minister for Immigration [2023] FCAFC 12 Minister for Home Affairs v DUA16 [2020] HCA 46; [2020] 95 ALJR 54 Minister for Immigration v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration & Border Protection v SZVFW [2018] HCA 30; (2018) 92 ALJR 713 Minister of Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93; (2014) 266 FCR 555