Armstrong v Minister for Immigration

[2017] FCCA 1940

FEDERAL CIRCUIT COURT OF AUSTRALIA

ARMSTRONG & ANOR v MINISTER FOR IMMIGRATION & ANOR [2017] FCCA 1940

Catchwords:

MIGRATION – Administrative Appeals Tribunal – Partner (Migrant) (Class BC) visas – objection to affidavit being tendered – affidavit and exhibits relevant.  

Legislation:

Migration Act 1958 (Cth), ss.375

First Applicant: SUREERAT ARMSTRONG

Second Applicant: TANAKARN SI-ON

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL

File Number: SYG 2474 of 2016

Judgment of: Judge Street

Hearing date: 15 August 2017

Date of Last Submission: 15 August 2017

Delivered at: Sydney

Delivered on: 15 August 2017

REPRESENTATION

Counsel for the Applicant: Mr R Nair
On a direct access basis

Counsel for the Respondents: Mr H P T Bevan

Solicitors for the Respondents: HWL Ebsworth Lawyers

ORDERS

1. Admit into evidence the affidavit of  Sophie Alexandra Helena Given sworn 9 June 2017 and the Exhibit SAHG1 to the affidavit is marked Exhibit B.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 2474 of 2016

SUREERAT ARMSTRONG

First Applicant

TANAKARN SI-ON

Second Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Background

1. Mr Nair of counsel objects to the tender of the affidavit by the first respondent and the documents being the subject of the s.375 certificate, exhibited to the affidavit.

2. The documents are plainly relevant to ground 1 of the amended application. The documents are also relevant to the question of whether there is any substantial injustice. Accordingly, the affidavit and exhibit to the affidavit are admissible relevant evidence. I propose to admit the affidavit and the exhibit to the affidavit.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge Street

Date: 1 September 2017