Full Court Minute Books

Case S1/2018

Hossain v. Minister for Immigration and Border Protection & Anor

Case No.


Case Information

Lower Court Judgment

25/05/2017 Federal Court of Australia (Flick J, Farrell J, Mortimer J)

[2017] FCAFC 82


Migration – Migration Act 1958 (Cth) – Migration Regulations 1994 (Cth) – Jurisdictional error – Where appellant applied for Partner (Temporary) (Class UK) visa under s 65 of Act – Where cl 820.211(2)(d)(ii) of sch 2 of Regulations required appellant to satisfy sch 3 criteria 3001, 3003 and 3004 unless Minister satisfied compelling reasons for not applying criteria – Where delegate of Minister refused visa on basis appellant did not satisfy item 3001 – Where Administrative Appeals Tribunal (“AAT”) affirmed delegate’s decision on basis no compelling reasons for not applying sch 3 criteria and appellant did not satisfy PIC 4004 as required by cl 820.223 of sch 2 – Where Federal Circuit Court quashed decision on basis AAT fell into jurisdictional error in confining itself to “compelling reasons” at time of application – Where majority of Full Federal Court allowed appeal, restoring AAT decision on basis AAT retained jurisdiction to determine discrete issue relating to PIC 4004 – Whether Full Federal Court erred in finding that, although AAT decision infected by jurisdictional error, AAT nevertheless retained jurisdiction to make decision.

Short particulars


13/12/2017 Determination (SLA, Canberra)

02/01/2018 Notice of appeal

09/01/2018 Submitting appearance (Second Respondent)

19/01/2018 Written submissions (Appellant)

19/01/2018 Chronology (Appellant)

07/02/2017 Written submissions (First Respondent)

23/02/2018 Reply

21/03/2018 Hearing (Full Court, Canberra)

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