Phillip Silver wins spouse visa cancellation case in the Federal Circuit Court of Australia

Phillip Silver wins spouse visa cancellation case in the Federal Circuit Court of Australia

Revollo v Minister for Immigration & Anor [2011] FMCA 899 (25 November 2011)
Last Updated: 30 November 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
REVOLLO v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 899

MIGRATION – Review of Migration Review Tribunal decision – cancellation of temporary spouse visa – where applicant claimed to be victim of domestic violence – where visa cancelled on other grounds – where domestic violence claim not considered by Tribunal – whether domestic violence claim expired – inferences – where no reference to relevant information in Tribunal’s decision – whether Tribunal failed to consider relevant information.

Migration Regulations 1994
Migration Act 1958 (Cth), ss.5F(2)(c), 109(1)(c)
Minister for Immigration and Citizenship v Khadgi & Anor [2010] FCAFC 145; (2010) 190 FCR 248
Burton v Minister for Immigration [2005] FCA 1455
Maman v Minister for Immigration & Anor [2011] FMCA 426
Gama v Qantas Airways Limited (No. 2) [2006] FMCA 1767
Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620
Alexander and Others v Australian Community Pharmacy Authority and Others [2010] FCA 189; (2010) 265 ALR 424
SZMPT v Minister for Immigration and Citizenship [2009] FCA 99
Craig v South Australia [1995] HCA 58; (2005) 184 CLR 163

Applicant:
LUIS ALBERTO ZAMBRANA REVOLLO

First Respondent:
MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent:
MIGRATION REVIEW TRIBUNAL

File Number:
SYG 1323 of 2011

Judgment of:
Raphael FM

Hearing date:
3 November 2011

Date of Last Submission:
11 November 2011

Delivered at:
Sydney

Delivered on:
25 November 2011

REPRESENTATION
Counsel for the Applicant:
Mr N Poynder

Solicitors for the Applicant:
Phillip Silver & Associates

Counsel for the First Respondent:
Ms L Clegg

Solicitors for the First Respondent:
DLA Piper Australia

ORDERS
(1) A writ of certiorari issue directed to the Migration Review Tribunal removing into this Court to be quashed the decision of the Tribunal made on 30 May 2011.
(2) A writ of mandamus be directed to the Second Respondent directing it to reconsider and determine the matter according to law.
(3) First Respondent to pay the Applicant’s costs assessed in the sum of $6,240.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY
SYG 1323 of 2011
LUIS ALBERTO ZAMBRANA REVOLLO

Applicant
And
MINISTER FOR IMMIGRATION & CITIZENSHIP
First Respondent
MIGRATION REVIEW TRIBUNAL
Second Respondent

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