Chan v Minister for Immigration and Border Protection [2018] FCA 1323

Chan v Minister for Immigration and Border Protection [2018] FCA 1323

The Tribunal's finding regarding the sponsor's response to medical treatment was unsupported by evidence and material to its overall conclusion, resulting in legal unreasonableness and a failure to afford procedural fairness; leave to raise new grounds was granted and the appeal allowed in part, decision remitted to Tribunal.

Jurisdiction
Australia
Judgment Date
31 August 2018
Procedural Posture
Appeal From Federal Circuit Court Decision (judicial Review) / Final Appellate Judgment
Outcome
Appeal allowed in part
Legal Topics
['partner Visa' 'schedule 3 Criteria Waiver' 'compelling Reasons' 'procedural Fairness' 'judicial Review']
['administrative Law' 'migration Law' 'human Rights'] ['partner Visa' 'schedule 3 Criteria Waiver' 'compelling Reasons' 'procedural Fairness' 'judicial Review']

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Procedural Posture

Appeal From Federal Circuit Court Decision (judicial Review) / Final Appellate Judgment

Legal Issues

  1. 1 ['Whether leave should be granted to rely on new grounds of appeal' "Whether Tribunal's decision regarding compelling reasons to waive Schedule 3 criteria was rational" 'Whether the hearing rule and procedural fairness were complied with by the Tribunal']

Ratio Decidendi

The Tribunal's finding regarding the sponsor's response to medical treatment was unsupported by evidence and material to its overall conclusion, resulting in legal unreasonableness and a failure to afford procedural fairness; leave to raise new grounds was granted and the appeal allowed in part, decision remitted to Tribunal.

Court Disposition

Appeal allowed in part

Orders

  • ['Leave granted to appellant to amend notice of appeal by adding Grounds 3 and 4.' 'Amended notice of appeal to be filed by 4.00 pm on 5 September 2018.' 'Leave granted to appellant to rely on affidavit of Michael Terence Jones affirmed 18 April 2018.' 'Order 1 of Federal Circuit Court set aside.' 'Decision of...