Mudiy v Minister for Home Affairs [2023] FCA 1402

Procedural Posture

Migration Appeal From Federal Circuit and Family Court of Australia (division 2) / Appeal From Dismissal of Application for Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Partner (residence) Visa

Legal Issues

1. 1 ["Whether the Tribunal's refusal to adjourn the review to allow the appellant more time to obtain evidence supporting a non-judicially determined family violence claim was legally unreasonable." "Whether the Tribunal's decision affirming refusal of the Partner (Residence) Visa was affected by jurisdictional error."]

Ratio Decidendi

The Tribunal's refusal to adjourn was not legally unreasonable because the appellant had been notified well before the Tribunal hearing that his evidence did not satisfy the prescribed form for a non-judicially determined family violence claim, had about 18 months after seeking Tribunal review to obtain compliant evidence, and placed no material before the Tribunal showing that an adjournment would enable him to obtain a statutory declaration from a treating registered psychologist or otherwise remedy the deficiency. The Tribunal had an evident and intelligible justification for refusing an open-ended adjournment, so its decision was not affected by jurisdictional error.

Court Disposition

Appeal dismissed with costs.

Orders

• ['The appeal be dismissed.' "The Appellant pay the First Respondent's costs of the appeal."]