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.
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 [2009] HCA 9 (11.3.09) was one such example.
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Prior to the very recent decision of High Court decision of Sok v MIAC [2008] HCA 50 (16.10.08), the MRT had been consistently.........
In Nguyen 071271582 [2008] MRTA 380 (8.5.08), the spouses were living in different...........
The statutory declaration to be done by a competent person now.........
MRT Misinterprets SOK on domestic violence...
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.........
Various Federal Legislative Instruments........
