Federal Court of Australia
Federal Court of Australia Nguyen v Minister for Immigration and Multicultural Affairs [2024] FCA 1424 File number:
Judgment of: LEE J
Date of judgment: 6 December 2024
Catchwords: MIGRATION – whether a visa application withdrawal was submitted "by" the applicant – whether the Department of Home Affairs was wrong to accept that the applicant's visa application was validly withdrawn pursuant to s 49(1) of the Migration Act 1958 (Cth) – where the operation and application of ss 47 and 49 of the Migration Act considered – where the issue of whether the visa application was validly withdrawn approached as an objective fact-finding exercise – where the applicant bore the onus of establishing its case on the balance of probabilities pursuant to s 140(1) of the Evidence Act 1995 (Cth) – where the applicant fell "very short" of establishing the visa application was not submitted by him – application dismissed
Evidence Act 1995 (Cth) s 140 Legislation: Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) ss 47, 49
Axon v Axon (1937) 59 CLR 395 Briginshaw v Briginshaw (1938) 60 CLR 336 Gillera v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1396 Cases cited: Jones v Dunkel (1959) 101 CLR 298 Mealey v Power [2015] NSWSC 1678 NACO v Minister for Immigration and Multicultural Affairs [2002] FCA 474 Nguyen v Federal Circuit and Family Court of Australia [2024] FCA 471 Transport Workers' Union of Australia v Qantas Airways Ltd [2021] FCA 873; (2021) 308 IR 244
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