Federal Court. The expression “compelling reasons” in cl 820.211(2)(d)(ii) of Schedule 2 to the Regulations was not defined. Did that expression have the same meaning discussed in Plaintiff M64/2015 in the context of cl 202.222(2)? Is the genuineness of the marriage a matter that must be taken into account in determining whether there are compelling reasons for not applying the Sch 3 criteria? If not, does that mean that the Tribunal was bound to ignore the nature of the relationship?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: The expression “compelling reasons” in cl 820.211(2)(d)(ii) of Schedule 2 to the Migration Regulations 1994 (Cth) was not defined. Did that expression have the same meaning discussed in Plaintiff M64/2015 in the context of cl 202.222(2)?
Question 2: Is it "obvious that the genuineness of the marriage is a matter that must be taken into account in determining whether there are compelling reasons for not applying the Sch 3 criteria"?
Question 3: If the answer to Question 2 is 'no', does that mean that the Tribunal was bound to ignore the nature of the relationship?
The FCA answered those questions as follows: