Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dhaliwal v Minister for Home Affairs [2020] FCA 508 Appeal from: Dhaliwal v Minister for Immigration & Anor [2019] FCCA 1429
File number: NSD 926 of 2019
Judge: KATZMANN J
Date of judgment: 21 April 2020
Catchwords: MIGRATION — Partner (Temporary) (Class UK) visa — where appellant failed to satisfy sch 2 cl 820.211(2)(d) of Migration Regulations 1994 (Cth) in that he did not meet the Schedule 3 criteria and Tribunal not satisfied that there were compelling reasons for not applying those criteria — where appellant claimed that one such reason was that his wife (and sponsor) depended on him for personal care and assistance owing to multiple medical problems but Tribunal did not consider evidence provided compelling reason for not applying criteria — where several unsuccessful attempts made during Tribunal hearing to contact wife and additional time allowed to present further evidence and additional evidence, including statement from wife, submitted to Tribunal — whether primary judge erred in failing to hold Tribunal's decision legally unreasonable because Tribunal did not adjourn hearing to question wife or require Departmental Secretary to arrange for investigations or medical examinations to be conducted
Legislation: Migration Act 1958 (Cth) ss 348, 359, 359A, 360, 360A, 361, 362A(2), 363, 363(1), 425, 474 Migration Regulations 1994 (Cth) sch 2 cl 820.211(2)(d)(ii) Administrative Appeals Tribunal Act 1975 (Cth) s 2A(c)
Cases cited: Abebe v Commonwealth (1999) 197 CLR 510 Li v Minister for Immigration and Citizenship [2011] FMCA 625 Malecaj v Minister for Immigration and Border Protection [2016] FCA 1508 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2012) 202 FCR 387 Minister for Immigration and Citizenship v Li (2013) 249 CLR 33 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 83 ALJR 1123; 259 ALR 429; 111 ALD 15 Minister for Immigration and Citizenship v SZNVW (2010) 183 FCR 575 Minister for Immigration and Multicultural and Indigenous Affairs v SCAR (2003) 128 FCR 553 Plaintiff S157/2002 v Commonwealth of Australia (2003) 211 CLR 476
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