Federal Court of Australia
Federal Court of Australia
Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 394 Appeal from: Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 487
File number(s): QUD 195 of 2022
Judgment of: SARAH C DERRINGTON J
Date of judgment: 3 May 2023
Catchwords: MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia dismissing application for review of decision of Administrative Appeals Tribunal to affirm decision of delegate of the Minister not to grant partner temporary UK visa – whether Tribunal complied with s 359AA of the Migration Act – whether failure to comply was material – whether failure to comply with s 359A in relation to spouse's evidence – whether leave should be granted to raise appeal ground not raised before primary judge
Legislation: Migration Act 1958 (Cth) ss 5F(2), 65, 359A, 359AA Migration Regulations 1994 (Cth) reg 1.15A, Schedule 2 cl 820.211(2)(a)
Cases cited: Malhi v Minister for Immigration (2017) FCCA 119 Nathanson v Minister for Home Affairs [2022] HCA 26; 96 ALJR 737 SZBYR v Minister for Immigration and Citizenship [2007] HCA 26; 127 CLR 297 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; 238 FCR 588
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 26
Date of hearing: 20 April 2023
Counsel for the Appellant Mr R Chia
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