CVY20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1051

CVY20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1051

The appeal must be dismissed because the appellant's case necessarily follows her husband's, whose appeal was dismissed; there is no separate basis for relief regarding the cancellation of the appellant's partner visa.

Jurisdiction
Australia
Judgment Date
08 September 2022
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['visa Cancellation' 'judicial Review' 'legal Unreasonableness']
['migration Law' 'administrative Law'] ['visa Cancellation' 'judicial Review' 'legal Unreasonableness']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the Tribunal's affirmation of the delegate's decision to cancel the appellant's partner visa under s 140(2) of the Migration Act 1958 (Cth) was erroneous" "Whether the outcome of the appellant's appeal is dependent on the outcome of her husband's appeal" "Whether the dismissal of the husband's judicial review application renders the dismissal of the wife's application erroneous"]

Ratio Decidendi

The appeal must be dismissed because the appellant's case necessarily follows her husband's, whose appeal was dismissed; there is no separate basis for relief regarding the cancellation of the appellant's partner visa.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant is to pay the first respondent's costs, as agreed or taxed."]