Federal Court of Australia
Federal Court of Australia
Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1550 Appeal from: Gupta v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 60
File number: VID 108 of 2022
Judgment of: MOSHINSKY J
Date of judgment: 21 December 2022
Catchwords: MIGRATION – partner visa – where the visa applicant (the appellant) and the sponsor were married for approximately three months – where the Tribunal was not satisfied that the appellant was the "spouse" or "de facto partner" of the sponsor at the time of the application for the visa – whether the Tribunal fell into jurisdictional error by failing to give the matter "proper, genuine and realistic consideration" or engage in an "active intellectual process" – held: appeal dismissed
Legislation: Migration Act 1958 (Cth), ss 5F, 5CB Migration Regulations 1994 (Cth)
Cases cited: Carrascalao v Minister for Immigration and Border Protection (2017) 252 FCR 352 EFZ21 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1033 He v Minister for Immigration and Border Protection (2017) 255 FCR 41 Singh v Minister for Home Affairs (2019) 267 FCR 200
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 59
Date of hearing: 1 September 2022
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