Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Le v Minister for Immigration and Border Protection [2018] FCA 1256 Appeal from: Le v Minister for Immigration & Anor [2018] FCCA 263
File number: NSD 316 of 2018
Judge: COLLIER J
Date of judgment: 21 August 2018
Catchwords: MIGRATION – application for partner visa – whether criteria in Sch 3 of Migration Regulations 1994 (Cth) satisfied – whether "compelling reasons" for why criteria should be waived – where Tribunal found no compelling reasons existed – whether Tribunal's reasons exhibit absence of intellectual engagement with appellant's claims – appeal dismissed
Legislation: Migration Regulations 1994 (Cth) Sch 2 cl 820.211(2)(d)(ii), Sch 3 criteria 3001, 3003, 3004
Cases cited: Babicci v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 77; (2005) 141 FCR 285 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140; (2009) 112 ALD 1 Le v Minister for Immigration & Anor [2018] FCCA 263 MZYPZ v Minister for Immigration and Citizenship [2012] FCA 478 NAJT v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCAFC 134; (2005) 147 FCR 51 Paduano v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 211; (2005) 143 FCR 204 Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32; (2016) 241 FCR 121 WZAQU v Minister for Immigration and Citizenship [2013] FCA 327; (2013) 233 FCR 534
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