TANAUMPORN v Minister for Immigration

The applicant, Tanaumporn, sought judicial review of a decision by the Minister for Immigration to refuse to grant a visa. The dispute concerned the applicant's failure to meet the criteria in Schedule 3 to the *Migration Regulations 1994* (Cth), which require compelling reasons for a waiver when an applicant does not meet certain visa requirements at the time of application. The application for judicial review was heard by Judge McNab.

The court was required to determine whether the Administrative Appeals Tribunal (AAT) had erred in law by failing to find compelling reasons to waive the Schedule 3 criteria. Specifically, the court considered whether the Tribunal had taken into account irrelevant considerations, failed to consider relevant considerations, or acted unreasonably in its assessment of the applicant's claims regarding his sponsor wife's financial difficulties and the psychological impact on his stepdaughter. The court also considered whether there was any actual or apparent bias on the part of the Tribunal.

Judge McNab found that the Tribunal had not erred in law. The Tribunal had properly considered the applicant's submissions regarding his wife's financial situation and the impact on his stepdaughter, but concluded that these circumstances did not constitute compelling reasons to waive the Schedule 3 criteria. The court held that the Tribunal's assessment was open to it on the evidence and that there was no evidence of actual or apparent bias, nor had the Tribunal taken irrelevant considerations into account or failed to consider relevant ones. The Tribunal's conclusion that there were no compelling reasons to waive the criteria was therefore not unreasonable.