Khakpour v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 617

Federal Court of Australia

Khakpour v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 617 Appeal from: Khakpour v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2020] FCCA 1497

File number(s): QUD 211 of 2020

Judgment of: GREENWOOD J

Date of judgment: 26 May 2022

Catchwords: MIGRATION – consideration of public interest criteria 4020 as a condition of a subclass "820 Partner" (820.226) visa as a subclass of a Partner (Temporary) (Class UK) visa – consideration of whether the Administrative Appeals Tribunal engaged in jurisdictional error in deciding that the discretion conferred by Public Interest Criteria 4020(4) to waive the requirements of PIC 4020(1) or (2) could not be exercised in favour of the appellant as the Tribunal could not be satisfied that compassionate or compelling circumstances affecting a permanent resident were such as to justify the granting of the visa

Legislation: Migration Act 1958 (Cth), ss 30, 40, 41, 45, 46, 47 Migration Regulations 1994 (Cth), Regs 2.03, 2.03A, Item 1214C of Schedule 1 to the Regulations, Schedule 2 so far as the Schedule relates to subclass "820 (Partner)", Schedule 2, 820.226, Public Interest Criteria 4020(1), (2) and (4)

Cases cited: Promsopa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1480

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 38

Date of last submission/s: 2 February 2021