Kolora v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1583

Federal Court of Australia

Kolora v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1583 Appeal from: Kolora v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 3) [2021] FCCA 1805

File number: QUD 282 of 2021

Judgment of: THOMAS J

Date of judgment: 13 December 2023

Catchwords: MIGRATION – appeal from judgment of the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA) – where FCFCOA dismissed an application for judicial review of a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed decision of delegate of Minister to refuse to grant the appellant a provisional partner visa – whether Tribunal erred in failing to take into consideration best interests of the appellant's Australian citizen child in considering whether compelling and compassionate circumstances could be established – appeal allowed

Legislation: Migration Act 1958 (Cth) Migration Regulations 1994 (Cth)

Cases cited: Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CWY20 (2021) 288 FCR 565; [2021] FCAFC 195 Bhatti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1583 BJU17 v Minister for Immigration and Border Protection [2021] FCA 111 DXQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1184 Gjonej v Minister for Immigration and Border Protection [2015] FCA 159 Kolora v Minister for Immigration Citizenship, Migrant Services and Multicultural Affairs (No 3) [2021] FCCA 1805 Maharjan v Minister for Immigration and Border Protection (2017) 258 FCR 1; [2017] FCAFC 213 McNamara v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1096 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh (1995) 183 CLR 273 NRFX v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 187 Nweke v Minister for Immigration and Citizenship [2012] FCA 266 Perez v Minister for Immigration and Multicultural Affairs (2002) 119 FCR 454; [2002] FCA 450 Plaintiff M1/2021 v Minister for Home Affairs (2022) 400 ALR 417; [2022] HCA 17 Poroa v Minister for Immigration and Border Protection (2017) 252 FCR 505; [2017] FCA 826 Promsopa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1480 Ratu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 286 FCR 89; [2021] FCAFC 141 Sami v Minister for Immigration and Citizenship (2013) 139 ALD 1; [2013] FCAFC 128 Selliah v Minister for Immigration and Multicultural Affairs [1999] FCA 615 Tuiketei v Minister for Immigration and Border Protection [2018] FCA 206 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588; [2004] FCAFC 158 Waensila v Minister for Immigration and Border Protection (2016) 241 FCR 121; [2016] FCAFC 32 Wan v Minister for Immigration and Multicultural Affairs (2001) 107 FCR 133; [2001] FCA 568 Weng v Minister for Immigration and Citizenship (No 2) (2011) 121 ALD 77; [2011] FCA 444