1512810 (Migration)

The applicant, Mr. Kazi Md. Monirul Islam, sought judicial review of the decision of the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his application for a Partner (Provisional) (Class 173) visa. The dispute centred on whether the applicant had provided sufficient evidence to satisfy the Tribunal that his relationship with his sponsor, Ms. Jessica Anne Smith, was genuine and continuing, as required by the *Migration Regulations 1994* (Cth). The matter came before the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the AAT had erred in law by failing to adequately consider all the evidence presented by the applicant regarding the genuineness and continuing nature of his relationship with Ms. Smith. Specifically, the Court was asked to determine if the Tribunal had applied the correct legal test when assessing the evidence and whether its findings were reasonably open to it on the evidence before it.

Her Honour Judge Lo Piccolo found that the AAT had failed to properly consider certain documentary evidence, including photographs and communication records, which were relevant to the applicant's claims about the nature and duration of his relationship. The Court reiterated the principle that the Tribunal must consider all relevant evidence, even if it is not of the highest quality, and that a failure to do so can constitute an error of law. The Tribunal's decision was therefore set aside.

The Court remitted the matter to the AAT for redetermination according to law.