Australian Immigration Daily News

Who said “there ain’t no cure for the summertime blues?”  (Well if you happened to be around in the late 1960’s, or a fan of rock music, you’ll know that it was the British band, “The Who” who made a song with those lyrics very famous!)

Or, if you are not a “flower child” from the 1960’s, you can nonetheless find a cure for the summertime blues by reading the recent decision of the Full Court in the case of He v Minister for Immigration and Border Protection (2017) FCAFC 206 – or, just keep reading the discussion below.

The decision was handed down on 14 December 2017, and it really was an “early Christmas present”!

Suppose you have a Partner visa case involving an allegation of “non-judicially determined” family violence.

Suppose further that after the Partner visa application is refused by the Department in the first instance, the Tribunal refers the matter to an independent expert for a determination as to whether family violence has occurred. 

Suppose further that the independent expert excluded from consideration claims of threats and verbal abuse communicated to the applicant after the relationship ceased, and a claim of physical violence said to have occurred on a date when it was uncertain whether the relationship had ceased, or not.

Does it matter if the applicant for a Partner visa is not concerned or interested in the religious life of his sponsoring partner? 

Does a lack of interest in one’s partner’s religious life necessarily mean that an applicant is not providing emotional support to his partner? 

Is it fatal to a Partner visa application? 

How is it possible to know whether the Tribunal has committed jurisdictional error in reviewing the refusal of a Partner visa application?

Consult a crystal ball? An oracle? A spiritualist? A Ouija board, or an “8” ball?

A recent decision of the Federal Court, handed down by Judge Reeves on 27 October 2017 – Sun v Minister for Immigration and Border Protection (2017) FCA 1270 ­- suggests that these “magical” or “occult” methods may not be needed to determine whether the Tribunal has fallen into error.  

Ok everyone, it’s quiz time again! 

Who knows what PIC 4004 requires? 

No cheating is allowed, and no peeking onto Legend!