Federal Court of Australia
Federal Court of Australia
Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 485 Appeal from: Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 266
File number(s): VID 254 of 2022
Judgment of: BUTTON J
Date of judgment: 19 May 2023
Catchwords: MIGRATION – visas – appeal from orders of a judge of the Federal Circuit and Family Court of Australia (Division 2) dismissing an application for judicial review – where the delegate refused to grant Partner (Temporary) (Class UK) visas – where the Administrative Appeals Tribunal affirmed the delegate's decision – whether the primary judge erred in failing to find jurisdictional error – whether the Tribunal failed to put appellant on notice of issues – whether the Tribunal breached s 360(1) of the Migration Act 1958 (Cth) – whether the Tribunal failed to consider evidence – appeal allowed – Tribunal decision quashed and matter remitted to the Tribunal for reconsideration according to law
Legislation: Migration Act 1958 (Cth) ss 5F, 65, 358, 360 Migration Regulations 1994 (Cth) reg 1.15A
Cases cited: ABV16 v Minister for Immigration and Border Protection [2017] FCA 184 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 ETA067 v Republic of Nauru (2018) 92 ALJR 1003; [2018] HCA 46 He v Minister for Immigration and Border Protection (2017) 255 FCR 41 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Nguyen v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 266 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZHKA v Minister for Immigration and Citizenship (2008) 172 FCR 1 VHAP of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 559; [2004] FCAFC 82
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