Oyeniyi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1035

Oyeniyi v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1035

Leave to raise the new ground was refused because, even if the Tribunal had obtained a third independent expert report, it could not affect the result as the Tribunal found the spousal relationship had ended by February 2011 and any alleged violence occurred afterwards, outside the scope of reg 1.23(12). The appeal was dismissed as no other errors were asserted.

Parties
Appellant: Adeg boyega Cyrus Oyeniyi; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 August 2023
Procedural Posture
Appeal From Federal Circuit and Family Court of Australia (division 2) Judicial Review of Administrative Appeals Tribunal Decision / Appeal Decision on Leave to Raise New Ground and Appeal Disposition
Outcome
Appeal dismissed, leave to raise new ground refused, costs ordered against appellant
Legal Topics
Partner Visas, Family Violence in Migration Context, Judicial Review, Independent Experts Under Migration Regulations
Migration Law Administrative Law Partner Visas Family Violence in Migration Context Judicial Review Independent Experts Under Migration Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Adeg boyega Cyrus Oyeniyi

Appellant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal From Federal Circuit and Family Court of Australia (division 2) Judicial Review of Administrative Appeals Tribunal Decision / Appeal Decision on Leave to Raise New Ground and Appeal Disposition

Legal Issues

  1. 1 Whether leave should be granted to raise a new ground of judicial review on appeal
  2. 2 Whether the Tribunal erred by not referring new claims to a third independent expert under reg 1.23(10) of the Migration Regulations 1994 (Cth)
  3. 3 Whether any alleged family violence occurred during the existence of the spousal relationship as required by reg 1.23(12)

Ratio Decidendi

Leave to raise the new ground was refused because, even if the Tribunal had obtained a third independent expert report, it could not affect the result as the Tribunal found the spousal relationship had ended by February 2011 and any alleged violence occurred afterwards, outside the scope of reg 1.23(12). The appeal was dismissed as no other errors were asserted.

Court Disposition

Appeal dismissed, leave to raise new ground refused, costs ordered against appellant

Orders

  • Leave refused to raise new ground in amended notice of appeal filed 24 July 2023
  • Appeal dismissed