Hassan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2014

FEDERAL COURT OF AUSTRALIA

Hassan v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 2014 Appeal from: Hassan v Minister for Immigration & Anor [2018] FCCA 3096

File number: NSD 2147 of 2018

Judge: GLEESON J

Date of judgment: 2 December 2019

Catchwords: MIGRATION – appeal from decision of Federal Circuit Court of Australia – partner visa – whether the Tribunal erred in finding no "compelling reasons" existed for not applying Migration Regulations 1994 (Cth) Sch 3 criterion 3001 – no appellable or jurisdictional error identified – leave to amend notice of appeal refused – appeal dismissed

Legislation: Migration Regulations 1994 (Cth) Sch 2 cl 820.211(2)(d), Sch 3 criterion 3001

Cases cited: Babicci v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 77; (2005) 141 FCR 285 Choi v Minister for Immigration and Border Protection [2018] FCA 291 Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Gauchan v Minister for Home Affairs [2018] FCA 1875 Le v Minister for Immigration and Border Protection [2018] FCA 1256 Mahrous v Minister for Immigration and Border Protection [2018] FCA 1876 Minister for Home Affairs v G [2019] FCAFC 79; (2019) 367 ALR 49 Murad v Assistant Minister for Immigration and Border Protection [2017] FCAFC 73; (2017) 250 FCR 510 MZYPZ v Minister for Immigration and Citizenship [2012] FCA 478; (2012) 127 ALD 510 Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50; (2015) 258 CLR 173 Prempree v Minister for Immigration & Anor [2017] FCCA 220 SZRVA v Minister for Immigration and Border Protection [2019] FCA 630 SZUDO v Minister for Immigration and Border Protection [2018] FCA 194 Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32; (2016) 241 FCR 121