A window into the level of monitoring by DIAC of employer behaviour in relation to 457 visas was gained through a question in Federal Parliament on 11 Feb 09...
In a decision which goes through the MRT evidence in painstaking way, the Federal Court has found that the Migration Review Tribunal was ‘unreasonable’ in concluding that a marriage was contrived.
The case shows that through a careful analysis of the evidence a tribunal’s reasoning can be flawed in drawing conclusions about contrivance in migration matters.
Kayikci v MIAC [2009] FCA 92 (13.2.09) concerned a second marriage where even though there were strong factors indicating a genuine relationship the MRT found the relationship was contrived.
