Migration Law and Practice
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COURT FINDS MRT WRONG ON CONTRIVED MARRIAGE
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  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.
OFFSPRING BROUGHT TO AUSTRALIA BY ONE PARENT
Marriages involving people from different countries and the subsequent birth of offspring often leads to irreconcilable disputes between the husband wife in the event of divorce about where the children should live.
The family in LK v Dir-General, Dept of Community Services  HCA 9 (11.3.09) was one such example.
High Court Confirms That The Mrt Had Misinterpreted Sok On Domestic Violence
Prior to the very recent decision of High Court decision of Sok v MIAC  HCA 50 (16.10.08), the MRT had been consistently......
Spouses not living together
In Nguyen 071271582  MRTA 380 (8.5.08), the spouses were living in different........
Statutory declaration by competent person
The statutory declaration to be done by a competent person now......
MRT Misinterprets SOK on domestic violence
Assistance Reasonably Obtainable
What assistance is reasonably obtainable is very much a qualitative thing and is much dependent on the individual circumstances of the person seeking care.
A new regulation 1.20LAA is enacted......
Contributory Parent visa
Various Federal Legislative Instruments.....