Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chan v Minister for Immigration and Border Protection [2018] FCA 1323 Appeal from: Chan v Minister for Immigration & Anor [2017] FCCA 2893
File number: NSD 2195 of 2017
Judge: YATES J
Date of judgment: 31 August 2018
Catchwords: MIGRATION – appeal from judgment of Federal Circuit Court – partner visa – new grounds sought to be advanced on appeal –whether leave should be granted to rely on new grounds – whether Tribunal erred in consideration of "compelling reasons" to waive visa criteria – whether Tribunal's decision rationally based – whether hearing rule complied with – appeal allowed in part
Legislation: Federal Court of Australia Act 1976 (Cth), s 27 Migration Act 1958 (Cth) ss 5F, 360 Migration Regulations 1994 (Cth) reg 2.05, cl 820.211, Sch 2, criterion 3001, Sch 3
Cases cited: ABA15 v Minister for Immigration and Border Protection [2016] FCA 1419 ALZ15 v Minister for Immigration and Border Protection [2017] FCA 279 Chava v Minister for Immigration and Border Protection [2014] FCA 313 Gill v Minister for Immigration and Border Protection [2017] FCAFC 51 Minister for Immigration and Border Protection v SZSNW [2014] FCAFC 145 Minister for Immigration and Border Protection v SZTQS [2015] FCA 1069 Minister for Immigration and Border Protection v SZUXN [2016] FCA 516 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Muggeridge v Minister for Immigration and Border Protection [2017] FCAFC 200 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73 NASA v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 653 Schaap v Minister for Immigration and Multicultural Affairs [2000] FCA 1408; 63 ALD 65 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 SZSMR v Minister for Immigration and Border Protection [2015] FCA 655 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 158; (2004) 238 FCR 588
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