Kocakaya v Minister for Immigration

The applicant, Engin Kocakaya, sought to review a decision of the Migration Review Tribunal (Tribunal) affirming an earlier decision of the Minister for Immigration and Citizenship not to grant him a Partner (Migrant) (Class BC) visa. The applicant's claim for the visa was based on his assertion that he had suffered family violence at the hands of his sponsor, Ms Yalcin. The Tribunal referred the matter to an independent expert who opined that the applicant had not suffered family violence. The Tribunal affirmed the Minister's decision, finding that the applicant was not entitled to a visa. The applicant contended that the Tribunal did not address and examine evidence of family violence in statutory declarations to form a state of satisfaction necessary before referral to the independent expert, there were no reasons provided for the referral, and the Tribunal failed to set the parameters for the expert to reach an opinion. The Federal Magistrate found that the applicant had failed to establish that there was a jurisdictional error on the part of the Tribunal. The Magistrate found that the Tribunal had no obligation to give reasons for the referral to the independent expert and that the referral complied with the legislative framework. The application for review was dismissed with costs.