Mohamed v Minister for Immigration & Citizenship [2007] FCA 1004

Mohamed v Minister for Immigration & Citizenship [2007] FCA 1004

For the purposes of Div 1.5 of the Migration Regulations 1994 (Cth), only a statutory declaration made in accordance with the Statutory Declarations Act 1959 (Cth) is valid evidence; statutory declarations made under State legislation do not satisfy this requirement, and thus the Tribunal was correct in rejecting the appellant’s evidence of domestic violence.

Jurisdiction
Australia
Judgment Date
10 July 2007
Procedural Posture
Appeal / On Appeal From the Federal Magistrates Court of Australia
Outcome
Appeal dismissed
Legal Topics
['statutory Declarations' 'regulatory Interpretation' 'domestic Violence Proof Requirements']
['migration Law'] ['statutory Declarations' 'regulatory Interpretation' 'domestic Violence Proof Requirements']

Case Brief

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Procedural Posture

Appeal / On Appeal From the Federal Magistrates Court of Australia

Legal Issues

  1. 1 ['Whether ‘statutory declaration’ in Div 1.5 of the Migration Regulations 1994 (Cth) includes declarations made under State legislation or only those under the Statutory Declarations Act 1959 (Cth)']

Ratio Decidendi

For the purposes of Div 1.5 of the Migration Regulations 1994 (Cth), only a statutory declaration made in accordance with the Statutory Declarations Act 1959 (Cth) is valid evidence; statutory declarations made under State legislation do not satisfy this requirement, and thus the Tribunal was correct in rejecting the appellant’s evidence of domestic violence.

Court Disposition

Appeal dismissed

Orders

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