Catchwords:

MIGRATION – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) quashing decision of Administrative Appeals Tribunal – where Tribunal affirmed decision of delegate of first respondent to refuse to grant Partner (Temporary) (Class UK) (Subclass 820) visa to appellant – whether FCFCOA erred in concluding that cl 820.211(2)(d)(ii) of Sch 2 to Migration Regulations 1994 (Cth) requires decision-maker to consider all of criteria 3001, 3003 and 3004 in Sch 3 in determining whether there are “compelling reasons” not to apply those criteria – whether cl 820.211(2)(d) invalid – whether Tribunal’s decision based on finding for which there was no evidentiary basis – appeal allowed