Wang v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 672

Wang v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 672

The Tribunal failed to deal with cogent evidence and to consider the mandatory matter of sharing responsibility for housework under reg 1.09A(3)(b)(iii). The Tribunal did make the necessary finding regarding companionship and emotional support (reg 1.09A(3)(d)(iii)). There was no reasonable apprehension of bias. Accordingly, the Federal Circuit Court erred in upholding the Tribunal’s decision, requiring the appeal to be allowed and remitter to the Tribunal differently constituted.

Parties
Appellant: Xuedong Wang; First Respondent: Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
10 June 2022
Procedural Posture
Appeal / Judgment on Appeal From Federal Circuit Court Decision Dismissing Judicial Review of Administrative Appeals Tribunal Decision
Outcome
Appeal allowed
Legal Topics
Partner Visa Applications, De Facto Relationships Under Migration Act, Tribunal’s Consideration of Evidence, Mandatory Considerations in Decision Making, Apprehended Bias in Administrative Decision Making
Migration Law Administrative Law Partner Visa Applications De Facto Relationships Under Migration Act Tribunal’s Consideration of Evidence Mandatory Considerations in Decision Making Apprehended Bias in Administrative Decision Making

Case Brief

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Parties

Xuedong Wang

Appellant

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Federal Circuit Court Decision Dismissing Judicial Review of Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 Did the Tribunal fail to consider required evidence and claims?
  2. 2 Did the Tribunal fail to consider 'any sharing of the responsibility for housework' (reg 1.09A(3)(b)(iii))?
  3. 3 Did the Tribunal fail to consider 'the degree of companionship and emotional support' (reg 1.09A(3)(d)(iii))?

Ratio Decidendi

The Tribunal failed to deal with cogent evidence and to consider the mandatory matter of sharing responsibility for housework under reg 1.09A(3)(b)(iii). The Tribunal did make the necessary finding regarding companionship and emotional support (reg 1.09A(3)(d)(iii)). There was no reasonable apprehension of bias. Accordingly, the Federal Circuit Court erred in upholding the Tribunal’s decision, requiring the appeal to be allowed and remitter to the Tribunal differently constituted.

Court Disposition

Appeal allowed

Orders

  • Leave to file amended notice of appeal granted; extension of time as necessary.
  • Appeal allowed.