Federal Court of Australia
Federal Court of Australia
SZQCN v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 186 Appeal from: SZQCN v Minister for Immigration & Border Protection [2019] FCCA 2911
File number(s): NSD 1750 of 2019
Judgment of: PERRY J
Date of judgment: 8 March 2022
Catchwords: MIGRATION – appeal from Federal Circuit Court dismissing application for judicial review of Migration Review Tribunal decision in respect of partner visa application – whether primary judge erred in finding that the appellant had no compelling circumstances justifying the waiving of criterion 3001 in the Migration Regulations 1994 (Cth) – where Tribunal erred in failing to consider whether any compelling circumstances existed at the time of the Tribunal decision – where primary judge correctly found error made by Tribunal was not material to the decision as appellant did not meet a separate criterion at the time of the visa application and at the time of the Tribunal decision – where Tribunal decision therefore not affected by jurisdictional error – where ground of appeal impermissibly seeks merits review of the partner visa application – where appellant's submissions raise issue not raised clearly or squarely before the Tribunal – appeal dismissed
Legislation: Migration Act 1958 (Cth) ss 5CB, 65 Migration Regulations 1994 (Cth), cls 820.211, 820.221 of sch 2, 3001 of sch 3 Federal Court Rules 2011 (Cth)
Cases cited: EPU19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 1536 Hossain v Minister for Immigration and Border Protection and Another [2018] HCA 34; (2018) 264 CLR 123 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) [2004] FCAFC 263; (2004) 144 FCR 1 Shrestha v Migration Review Tribunal [2015] FCAFC 87; (2015) 229 FCR 301 SZWBH v Minister for Immigration and Border Protection [2015] FCAFC 88; (2015) 229 FCR 317 Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32; (2016) 241 FCR 121
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