Hunjan v Minister for Home Affairs (No 2) [2019] FCA 732

Hunjan v Minister for Home Affairs (No 2) [2019] FCA 732

The appeal was dismissed because the appellant conceded he had never held the requisite temporary visa and thus could not satisfy the mandatory criteria for grant of the permanent visa; therefore, no jurisdictional error by the Tribunal or FCC was identified.

Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Appeal / Appeal From Decision of Federal Circuit Court
Outcome
appeal dismissed
Legal Topics
['partner Visas' 'judicial Review' 'jurisdictional Error']
['migration Law'] ['partner Visas' 'judicial Review' 'jurisdictional Error']

Case Brief

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Procedural Posture

Appeal / Appeal From Decision of Federal Circuit Court

Legal Issues

  1. 1 ['Whether Tribunal and FCC made a jurisdictional error in refusing permanent partner visa' 'Whether appellant satisfied the legal requirements for grant of Subclass 801 visa']

Ratio Decidendi

The appeal was dismissed because the appellant conceded he had never held the requisite temporary visa and thus could not satisfy the mandatory criteria for grant of the permanent visa; therefore, no jurisdictional error by the Tribunal or FCC was identified.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the first respondent's costs of the appeal."]