Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1494

Federal Court of Australia Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1494 Appeal from: Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3088

File number(s): NSD 1857 of 2019

Judgment of: FARRELL J

Date of judgment: 29 November 2021

Catchwords: MIGRATION – appeal from a decision of the Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Administrative Appeals Tribunal to affirm a decision of a delegate of the Minister not to grant a Partner Residence (Class BS) visa – where notice of appeal filed before written reasons available – where notice of appeal states an amended notice of appeal will be filed when written reasons available – where appellant did not file amended notice of appeal despite adequate opportunity to do so – appeal dismissed

Legislation: Migration Act 1958 (Cth) ss 65, 359AA, 359A Migration Regulations 1994 (Cth) regs 1.21, 1.22, 1.23, 1.24, 1.25; cl 801.221 of Sch 2 Federal Court Rules 2011 (Cth) rr 36.03, 36.10

Cases cited: AAM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1951 Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCCA 3088 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6; (2021) 95 ALJR 292

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights