Federal Court. Applicant gave AAT copy of an Apprehended Domestic Violence Order (ADVO) granted against the sponsor of his partner visa application. AAT affirmed partner visa refusal. Applicant claimed his lawyer advised him to withdraw judicial review application before FCCA in the last minute. FCA found Applicant disagreed with lawyer's advice but "went along with [it]". FCCA gave consent orders, dismissing judicial review application. Applicant applied to FCA for leave to appeal FCCA's decision. Was Applicant estopped by the doctrines of res judicata or Anshun estoppel from pursuing the appeal? Did the circumstances in which the consent orders were made vitiate that consent? Was the grant of the ADVO in itself proof that Applicant was in a spousal relationship with sponsor and therefore met cl 820.211?
The questions to the Federal Court (FCA) were as follows:
Question 1: Was the Applicant estopped by the doctrines of res judicata or Anshun estoppel from pursuing the appeal?
Question 2: Did the circumstances in which the consent orders were made vitiate that consent?
Question 3: Was there "occasion for a written judgment [by the FCCA] beyond the orders that were made"?
Question 4: Was the grant of the ADVO in itself proof that Applicant was in a spousal relationship with sponsor and therefore met cl 820.211 of Schedule 2 to the Migration Regulations 1994 (Cth)?
The FCA answered those questions as follows: