Migration – Application for Spouse visa – Applicant claims de facto married relationship with Australian citizen involving mutual commitment to a shared life to the exclusion of all others – Delegate of Minister and Immigration Review Tribunal refuse visa – Application to High Court for constitutional relief and certiorari – Australian citizen already married undergoes second Islamic marriage to applicant – Whether second marriage a "marriage" within Migration Regulations – Whether Tribunal arguably erred in the exercise of its jurisdiction to conduct review – Whether jurisdictional error arguably established by breach of rules of natural justice – Whether bias of Tribunal member arguably demonstrated.
Constitutional law – Constitutional writ of prohibition and writ of certiorari to perfect its remedies – Requirement of jurisdictional error – Whether jurisdictional error established as reasonably arguable – Need to observe distinction between jurisdictional error and appeal on merits – Unavailability of constitutional writs to correct errors within jurisdiction – Whether reasonably arguable case demonstrated for grant of order nisi.
Words and phrases – "marriage"; "to the exclusion of all others".
Migration Act 1958 (Cth).
Migration Regulations – reg 1.15A.
Judgment date
Case number
P5/2001
Before
Kirby J
Catchwords