Tedaja v Minister For Immigration And Border Protection and Anor

Case

[2018] HCASL 198


TEDAJA

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ANOR

[2018] HCASL 198
S145/2018

  1. The principles which determine when the Administrative Appeals Tribunal is bound to inquire into factors not expressly advanced in support of an application for visa are well settled.  The applicant's claim that the Federal Circuit Court of Australia (Judge Smith) (and on appeal the Federal Court of Australia (Collier J)) erred in holding that the Administrative Appeals Tribunal did not err in failing to consider a factor not expressly advanced in support of the applicant's claim for a partner (temporary) visa thus raises no question of principle which it would be in the interests of justice for this Court to consider.  On that basis, the application for special leave to appeal should be refused.

  2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle
8 August 2018
M.M. Gordon
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