Sok v Minister for Immigration and Citizenship

HIGH COURT OF AUSTRALIAGUMMOW, HAYNE, HEYDON, CRENNAN AND KIEFEL JJSIE SOK  APPELLANTANDMINISTER FOR IMMIGRATION AND CITIZENSHIP & ANOR  RESPONDENTSSok v Minister for Immigration and Citizenship [2008] HCA 5016 October 2008M60/2008ORDER1.Appeal allowed with costs. 2.Set aside the orders of the Full Court of the Federal Court of Australia made on 5 March 2008 and 2 April 2008 and in their place order that the appeal to that Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationD S Mortimer SC with R M Niall for the appellant (instructed by Erskine Rodan & Associates)M A Perry QC with W S Mosley for the first respondent (instructed by Australian Government Solicitor)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSok v Minister for Immigration and Citizenship Citizenship and migration – Visa – Spouse visa – Non-judicially determined claim of domestic violence – Grant of relevant permanent visa required visa applicant to remain spouse of sponsor at time of grant – Exception where relationship had ceased and visa applicant had suffered domestic violence committed by sponsoring spouse – Minister's delegate not satisfied applicant was spouse of sponsor – Grant of visa refused – After Minister's refusal, applicant claimed to have suffered domestic violence – Timing of claim – Whether domestic violence exception can be engaged where applicant first raises domestic violence claim in application to Migration Review Tribunal ("Tribunal") for review of Minister's refusal –...