Mudiy v Minister for Home Affairs [2023] FCA 1402

Federal Court of Australia

Mudiy v Minister for Home Affairs [2023] FCA 1402 Appeal from: Mudiy v Minister for Home Affairs [2022] FedCFamC2G 346

File number(s): VID 331 of 2022

Judgment of: O'BRYAN J

Date of judgment: 16 November 2023

Catchwords: MIGRATION – appeal from Federal Circuit and Family Court of Australia (Div 2) – where Administrative Appeals Tribunal (Tribunal) dismissed application for review of decision refusing to grant appellant's partner visa application – appellant's marriage had ceased and sponsorship was withdrawn – appellant made a non-judicially determined claim of family violence – appellant failed to provide evidence in support of claim as required under reg 1.24(b) of the Migration Regulations 1994 (Cth) and legislative instrument IMMI 12/116 – at hearing before the Tribunal, appellant requested adjournment to enable him to remedy deficiencies in his application – Tribunal refused to grant an adjournment – decision not legally unreasonable in the circumstances – appeal dismissed

Legislation: Migration Act 1958 (Cth), Pt 5, Div 5, ss 360, 363 Migration Regulations 1994 (Cth), Div 1.5, regs 1.21, 1.22, 1.23, 1.24, Sch 2, cl 801.221

Cases cited: Attorney-General (NSW) v Quin (1990) 170 CLR 1 Minister for Immigration and Border Protection v Singh (2014) 139 ALD 50 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration, Citizenship and Multicultural Affairs v Lieu, by her Litigation Representative Nguyen (2023) 297 FCR 162 Nathanson v Minister for Home Affairs (2022) 278 ALD 536