Kareem v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCA 1016

Federal Court of Australia

Kareem v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCA 1016 Appeal from: Kareem v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCCA 743

File number: NSD 439 of 2021

Judgment of: BROMWICH J

Date of judgment: 27 August 2021

Catchwords: MIGRATION – appeal of from decision of Federal Circuit Court of Australia to dismiss an application for judicial review of a decision of the Administrative Appeals Tribunal – Tribunal affirmed a decision of a delegate of the Minister to refuse the grant of a Partner (Provisional) (Class UF) (subclass 309) visa – where appellant is sponsor of partner visa applicant – where decision to affirm delegate's decision made principally upon the basis of not being satisfied that the visa applicant and sponsor were in an exclusive relationship as required by definition of "de facto partner" in s 5CB of the Migration Act 1958 (Cth) – where decision to affirm delegate's decision not to grant visa also made upon the basis of not being satisfied that the relationship was genuine and continuing – where visa criteria in issue contained no discretionary components and could not be waived – whether primary judge erred in failing to find that Tribunal erred in failing to consider factors including best interests of the affected children or related issues including hardship – where several other grounds advanced going to merits of decision and other issues – held: best interests of the affected children and other considerations advanced not among the relevant considerations for the determination of the exclusive relationship criterion expressly provided by the legislation – held: no grounds identify or establish any error on the part of either the Tribunal or the primary judge – appeal dismissed MIGRATION – whether primary judge erred in failing to find that Tribunal erred in failing to consider a statutory declaration by the sponsor relating to relationship status – where Tribunal not obliged to refer specifically to each item of evidence or other material before it – Tribunal expressly considered the evidence and other material before it on that topic – held: not established that the Tribunal failed to consider evidence – appeal dismissed