Rhazi v Minister for Immigration and Border Protection [2018] FCA 1251

Rhazi v Minister for Immigration and Border Protection [2018] FCA 1251

The appeal failed because the independent expert considered the appellant's claims as a whole and applied the correct statutory question under the family violence provisions. The expert did not confine the inquiry to physical violence and was entitled to conclude that the appellant's circumstances did not amount to relevant family violence committed by the sponsor. The conduct of the sponsor's son and other family members did not fall within the relevant relationship required by reg 1.23(9), and the expert considered and rejected the proposition that such conduct was under the sponsor's control. The primary judge's reasons, though brief, disclosed the essential reasons for rejecting the...

Jurisdiction
Australia
Judgment Date
22 August 2018
Procedural Posture
Migration Appeal From a Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Partner (migrant) (class Bc) Visa / Appeal to the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['partner Visa' 'family Violence Provisions' 'independent Expert Opinion' 'jurisdictional Error' 'adequacy of Reasons' 'procedural Fairness']
['migration Law' 'administrative Law' 'judicial Review'] ['partner Visa' 'family Violence Provisions' 'independent Expert Opinion' 'jurisdictional Error' 'adequacy of Reasons' 'procedural Fairness']

Case Brief

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Procedural Posture

Migration Appeal From a Judgment of the Federal Circuit Court Dismissing an Application for Judicial Review of an Administrative Appeals Tribunal Decision Affirming Refusal of a Partner (migrant) (class Bc) Visa / Appeal to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Tribunal fell into error by relying on an independent expert opinion said to have applied the wrong test for relevant family violence under the Migration Regulations 1994 (Cth).' 'Whether the independent expert erroneously confined attention to physical violence or to conduct of the sponsor and excluded conduct of other family members.' "Whether the Federal Circuit Court gave adequate reasons and engaged with the appellant's submissions." 'Whether non-disclosure to the appellant of the existence of a certificate issued under s 375A of the Migration Act 1958 (Cth) involved denial of procedural fairness.']

Ratio Decidendi

The appeal failed because the independent expert considered the appellant's claims as a whole and applied the correct statutory question under the family violence provisions. The expert did not confine the inquiry to physical violence and was entitled to conclude that the appellant's circumstances did not amount to relevant family violence committed by the sponsor. The conduct of the sponsor's son and other family members did not fall within the relevant relationship required by reg 1.23(9), and the expert considered and rejected the proposition that such conduct was under the sponsor's control. The primary judge's reasons, though brief, disclosed the essential reasons for rejecting the...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs."]