Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Minister for Home Affairs [2019] FCAFC 3 Appeal from: Singh v Minister for Home Affairs & Anor [2018] FCCA 1389
File number: NSD 1073 of 2018
Judges: REEVES, O'CALLAGHAN AND THAWLEY JJ
Date of judgment: 29 January 2019
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where Administrative Appeals Tribunal affirmed decision of a delegate of the Minister to refuse the appellant a "partner visa" – where the appellant did not apply for a partner visa within 28 days of his last substantive visa expiring – where there were not "compelling reasons" for not applying the criteria in cll 3001, 3003 and 3004 of the Migration Regulations 1994 (Cth) – whether the Tribunal failed to give proper, genuine and realistic consideration to claims or evidence – whether the Tribunal's decision was legally unreasonable
Legislation: Migration Act 1958 (Cth) s 501(3) Migration Regulations 1994 (Cth) Schs 2, 3
Cases cited: Appellant S395/2002 v Minister for Immigration and Multicultural Affairs (2003) 216 CLR 473 Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 ETA067 v The Republic of Nauru (2018) 360 ALR 228 Fuduche v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 515 Karan v Minister for Immigration and Border Protection [2017] FCA 872 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW (2018) 357 ALR 408 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1
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