Martinaj v Minister for Immigration and Border Protection

In the case of Martinaj v Minister for Immigration and Border Protection, the appellant, an Albanian citizen, sought judicial review of a decision made by the Migration Review Tribunal (Tribunal). The appellant had applied for a partner visa under the family violence provisions of the Migration Regulations 1994 (Cth), but the Tribunal found that the appellant had not suffered family violence, and accordingly, dismissed the application for the visa. The appellant challenged this decision on the basis that the independent expert who assessed his application for family violence did not apply the correct test when assessing his claims. The central issue before the court was whether the independent expert applied the correct test in assessing the appellant's claims of family violence.

The court held that the independent expert had considered and rejected the appellant's claim that he had suffered family violence. The court found that the independent expert's opinion was based on her assessment of the appellant's claims, which demonstrated that she had considered the relevant factors in making her decision. The court also found that the independent expert had considered whether the appellant had suffered "relevant family violence," which was a defined term in the Regulations. The court held that the independent expert's opinion was valid, and that the Tribunal had lawfully completed the task under the Regulations.

The court dismissed the appeal and ordered that the appellant pay the first respondent's costs of the appeal, unless a party notified in writing the Court by a specified time indicating opposition to this order as to costs. The court granted leave to amend the notice of appeal in the terms set out in the proposed amended notice of appeal filed on 26 July 2016.