Federal Court of Australia
Federal Court of Australia
Oyeniyi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1035 Appeal from: Oyeniyi v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FedCFamC2G 440
File number: VID 377 of 2022
Judgment of: RARES J
Date of judgment: 21 August 2023
Catchwords: MIGRATION – application for leave to rely on new ground of appeal – where delegate of Minister and Administrative Appeals Tribunal obtained independent expert reports under reg 1.23(10) of Migration Regulations 1994 (Cth) as to whether partner visa applicant suffered family violence – where reg 1.23(12) required Minister to be satisfied family violence occurred during relationship – where Tribunal found none of alleged violence occurred before relationship ended – where new claims of domestic violence made in Tribunal – whether Tribunal erred by failing to refer new claims to third independent expert – where referral to third independent expert would not affect result – where not in interests of justice to grant leave to allow appellant to rely on new ground – Held: leave refused, appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5F(2)(b), 375A, 476 Migration Regulations 1994 (Cth) regs 1.23(10), (12)
Cases cited: Coulton v Holcombe (1986) 162 CLR 1
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 18
Date of hearing: 21 August 2023
Counsel for the Appellant: Dr D Gang
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