Chao v Minister for Immigration and Border Protection [2018] FCA 858

Chao v Minister for Immigration and Border Protection [2018] FCA 858

The Tribunal considered the appellant's evidence, including the relationship certificate, statutory declarations and claimed family violence, and its conclusion that it was not satisfied that the appellant and sponsor were in a de facto relationship at the relevant time was open on the evidence. The Federal Circuit Court did not err in rejecting legal unreasonableness, and the appellant's challenge was in substance a merits challenge rather than a jurisdictional error challenge.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Migration Appeal Concerning Refusal of Partner Visas / Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
['partner Visa' 'de Facto Relationship' 'legal Unreasonableness' 'evident and Intelligent Justification' 'relationship Registration' 'family Violence Provisions']
['migration Law' 'administrative Law' 'judicial Review'] ['partner Visa' 'de Facto Relationship' 'legal Unreasonableness' 'evident and Intelligent Justification' 'relationship Registration' 'family Violence Provisions']

Case Brief

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Procedural Posture

Migration Appeal Concerning Refusal of Partner Visas / Appeal From Orders of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ["Whether the Federal Circuit Court applied the wrong test for legal unreasonableness in reviewing the Tribunal's decision" "Whether the Tribunal's lack of satisfaction that the appellant and sponsor were in a de facto relationship was legally unreasonable" 'Whether registration of the relationship under New South Wales law was determinative of a de facto relationship for the purposes of s 5CB of the Migration Act 1958 (Cth)' 'Whether the Tribunal failed properly to consider statutory declarations supporting the claimed relationship' "Whether the Tribunal erred by not further considering the appellant's family violence claim after finding that the preliminary requirement of a de facto relationship was not met"]

Ratio Decidendi

The Tribunal considered the appellant's evidence, including the relationship certificate, statutory declarations and claimed family violence, and its conclusion that it was not satisfied that the appellant and sponsor were in a de facto relationship at the relevant time was open on the evidence. The Federal Circuit Court did not err in rejecting legal unreasonableness, and the appellant's challenge was in substance a merits challenge rather than a jurisdictional error challenge.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed with costs.']