Federal Court of Australia
Federal Court of Australia
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Gupta [2022] FCAFC 51 Appeal from: Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1646
File number: WAD 189 of 2021
Judgment of: FARRELL, SNADEN and ABRAHAM JJ
Date of judgment: 31 March 2022
Catchwords: MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where FCCA Judge allowed an application for judicial review of a decision of the Administrative Appeals Tribunal – where AAT found that no spousal relationship of the kind described in s 5F of the Migration Act 1958 (Cth) ever existed so that a claim of family violence did not arise for consideration at the time of decision on an application for a Partner (Migrant) (Class BC) (subclass 100) visa – whether AAT correctly construed cl 100.221(4) of Sch 2 to Migration Regulations 1994 (Cth) – appeal allowed
Legislation: Family Law Act 1975 (Cth) Federal Proceedings (Costs) Act 1981 (Cth) ss 3, 6 Migration Act 1958 (Cth) ss 5CB, 5F Migration Regulations 1994 (Cth) regs 1.15A, 1.20J, 1.20KC, 1.20KD, 1.23, Sch 2 cl 100.221, Pt 309 Migration Regulations (Amendment) Statutory Rules 1996 No. 276 (Cth) Explanatory Statement to the Migration Regulations (Amendment) Statutory Rules 1996 No. 276 (Cth)
Cases cited: Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 El Jejieh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1103 Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1646 Hanna v Minister for Immigration and Border Protection [2016] FCA 282 Hossam v Minister for Immigration and Border Protection [2016] FCA 1161 Kaur v Minister for Immigration and Border Protection [2014] FCA 1251 Minister for Immigration and Border Protection v CQZ15 (No 2) [2018] FCAFC 19; 259 FCR 569 Minister for Immigration and Border Protection v MZZMX (No 2) [2020] FCAFC 214 Minister for Immigration and Border Protection v Truong [2016] FCAFC 54 Nouv v Minister for Immigration and Multicultural Affairs [2006] FCA 1474 Proctor v Jetway Aviation Pty Ltd [1984] 1 NSWLR 166 Project Blue Sky Inc v Australian Broadcasting Authority [1995] HCA 28; (1998) 194 CLR 355 Sharma v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCCA 3372 Singh v Minister for Immigration and Border Protection [2021] FCA 480
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