Choi v Minister for Immigration and Border Protection [2018] FCA 291

Choi v Minister for Immigration and Border Protection [2018] FCA 291

The extension of time was granted, but the appeal failed because the Tribunal had considered the applicant's and sponsor's circumstances singularly and cumulatively. The applicant's asserted loneliness as a widow was capable of being, and more likely than not was, subsumed in the Tribunal's consideration of mutual comfort and emotional support. The Tribunal was not required to address every circumstance separately, and its focus on hardship reflected the claims advanced. No error or unreasonableness was shown in the Tribunal's conclusion, or in the Federal Circuit Court's dismissal of judicial review.

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Migration Application for Extension of Time and Appeal From Federal Circuit Court Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Partner (temporary) (class Uk) (subclass 820) Visa / Federal Court Application for Extension of Time to File Notice of Appeal; Appeal Determined
Outcome
Extension of time granted; appeal dismissed with costs.
Legal Topics
['extension of Time' 'partner Visa' 'schedule 3 Criteria' 'compelling Reasons' 'hardship' 'judicial Review']
['migration' 'administrative Law'] ['extension of Time' 'partner Visa' 'schedule 3 Criteria' 'compelling Reasons' 'hardship' 'judicial Review']

Case Brief

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Procedural Posture

Migration Application for Extension of Time and Appeal From Federal Circuit Court Dismissal of Judicial Review of Administrative Appeals Tribunal Decision Affirming Refusal of Partner (temporary) (class Uk) (subclass 820) Visa / Federal Court Application for Extension of Time to File Notice of Appeal; Appeal Determined

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file the notice of appeal under r 36.05 of the Federal Court Rules 2011.' "Whether the Tribunal failed to consider the applicant's claimed loneliness and prior circumstances when assessing whether compelling reasons existed not to apply the Schedule 3 criteria." 'Whether the Tribunal impermissibly confined its consideration of compelling reasons to hardship.']

Ratio Decidendi

The extension of time was granted, but the appeal failed because the Tribunal had considered the applicant's and sponsor's circumstances singularly and cumulatively. The applicant's asserted loneliness as a widow was capable of being, and more likely than not was, subsumed in the Tribunal's consideration of mutual comfort and emotional support. The Tribunal was not required to address every circumstance separately, and its focus on hardship reflected the claims advanced. No error or unreasonableness was shown in the Tribunal's conclusion, or in the Federal Circuit Court's dismissal of judicial review.

Court Disposition

Extension of time granted; appeal dismissed with costs.

Orders

  • ['The extension of time be granted; and' 'The appeal be dismissed with costs.']