Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Gupta [2022] FCAFC 51 (31 March 2022) (Farrell, Snaden and Abraham JJ)


MIGRATION – appeal from decision of the Federal Circuit Court of Australia – where FCCA Judge allowed an application for judicial review of a decision of the Administrative Appeals Tribunal – where AAT found that no spousal relationship of the kind described in s 5F of the Migration Act 1958 (Cth) ever existed so that a claim of family violence did not arise for consideration at the time of decision on an application for a Partner (Migrant) (Class BC) (subclass 100) visa – whether AAT correctly construed cl 100.221(4) of Sch 2 to Migration Regulations 1994 (Cth) – appeal allowed