Nguyen v Migration Review Tribunal

FEDERAL COURT OF AUSTRALIA

Nguyen v Migration Review Tribunal [2008] FCA 524

MIGRATION – application for Partner (Migrant) (class BC) visa – visa application refused for absence of genuine and continuing relationship – whether the Tribunal breached obligations under ss 359A, 368(1), 360A – whether the Tribunal erred by not referring to every piece of evidence in reasons – whether the Tribunal decision not reasonable in weight given to certain evidence – appeal dismissed

Migration Act 1958 (Cth) s 359A, s360A, s 368, s476

Migration Regulations 1994 (Cth) r 1.15A

Duralla Pty Ltd v Plant (1984) 2 FCR 342 cited
Minister for Immigration v Jia Legeng (2001) 205 CLR 507 cited

Branir Pty Ltd v Owston Nominees (No2) Pty Ltd (2001) 117 FCR 424 cited

Minister for Immigrationv Eshetu (1999) 197 CLR 611 considered

Buck v Bavone (1976) 135 CLR 110 considered
Tolibao Cortes v Minister for Immigration and Multicultural Affairs [2001] FCA 1183 cited
Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 74 ALJR 405 applied

NHUT HONG NGUYEN v MIGRATION REVIEW TRIBUNAL and MINISTER FOR IMMIGRATION AND CITIZENSHIP

QUD 257 OF 2007

LOGAN J

18 APRIL 2008

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 257 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

NHUT HONG NGUYEN
Appellant

AND:

MIGRATION REVIEW TRIBUNAL
First Respondent

MINISTER FOR IMMIGRATION AND CITIZENSHIP
Second Respondent

JUDGE:	LOGAN J
DATE OF ORDER:	18 APRIL 2008
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1. The Appellant have leave further to amend the notice of appeal so as to include further grounds 3, 4,5 and 6 as identified in Exhibit 1.

2. The appeal be dismissed.

3. The Appellant pay the Second Respondent’s costs of and incidental to the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 257 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

NHUT HONG NGUYEN
Appellant

AND:

MIGRATION REVIEW TRIBUNAL
First Respondent

MINISTER FOR IMMIGRATION AND CITIZENSHIP
Second Respondent

JUDGE:	LOGAN J
DATE:	18 APRIL 2008
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. This is an appeal from a decision of a Federal Magistrate by which an application by the Appellant for the judicial review of a decision of the Migration Review Tribunal (“the Tribunal”) was dismissed with costs.  The Tribunal’s decision, in turn, had affirmed an earlier decision of the Minister for Immigration and Citizenship (“the Minister”) to refuse to grant to the Appellant what is known as a Partner (Migrant) (Class BC) visa. 

2. The Appellant was born in Vietnam on 6 August 1971.  His wife was born in Vietnam on 15 May 1979.  She became an Australian citizen in 1992.  She is his sponsor in respect of the visa application.  The Appellant and his wife met in Vietnam in 1998.  They commenced a relationship early in 2000.  They married later that year on 4 April 2000.  The Appellant entered…