MZZXN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1386

MZZXN v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1386

The applicant’s amended grounds of appeal are of no merit; the Tribunal did not err in carrying out its statutory task, and the failure (if any) to refer to registration of the relationship or make further findings was not material. There was no jurisdictional error. The application for extension of time and leave to appeal is dismissed.

Jurisdiction
Australia
Judgment Date
23 November 2022
Procedural Posture
Judicial Review Application and Application for Extension of Time and Leave to Appeal / Final Judgment on Application for Extension of Time and Leave to Appeal
Outcome
Application for extension of time and leave to appeal dismissed, with costs.
Legal Topics
['partner Visa Criteria' 'extension of Time' 'leave to Appeal' 'judicial Review' 'compelling Reasons Waiver' 'family Violence Provisions']
['migration Law' 'administrative Law'] ['partner Visa Criteria' 'extension of Time' 'leave to Appeal' 'judicial Review' 'compelling Reasons Waiver' 'family Violence Provisions']

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Procedural Posture

Judicial Review Application and Application for Extension of Time and Leave to Appeal / Final Judgment on Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether the Tribunal failed to carry out its statutory task under clause 820.211(2)(d) of the Migration Regulations 1994' 'Whether failure to consider registration of de facto relationship under Relationships Act 2008 (Vic) constituted jurisdictional error' 'Whether failure to independently assess evidence concerning fear of return to Pakistan constituted jurisdictional error']

Ratio Decidendi

The applicant’s amended grounds of appeal are of no merit; the Tribunal did not err in carrying out its statutory task, and the failure (if any) to refer to registration of the relationship or make further findings was not material. There was no jurisdictional error. The application for extension of time and leave to appeal is dismissed.

Court Disposition

Application for extension of time and leave to appeal dismissed, with costs.

Orders

  • ['The Applicant be granted leave to rely on the amended proposed ground of appeal contained in his written submissions filed on 16 May 2022.' 'The application for an extension of time to seek leave to appeal and for leave to appeal be dismissed, with costs.' "The name of the First Respondent be amended to read...