1732593 (Migration)

The applicant sought judicial review of a decision by the Minister to refuse to grant a Partner (Temporary) (Class UK) visa, subclass 820. The primary issue before the Federal Circuit and Family Court of Australia was whether the applicant and her sponsor were in a genuine and continuing de facto relationship at the time the Minister made the decision.

The court was required to determine whether the delegate of the Minister had properly considered all relevant aspects of the relationship, including the financial interdependence of the parties, the sharing of household expenses, the care and support of stepchildren, and the nature of their joint social activities. The court also had to assess whether the delegate had adequately considered the evidence demonstrating the continuation of the spousal relationship up to the date of the decision.

Justice Judd found that the delegate had failed to adequately consider certain aspects of the evidence presented by the applicant, particularly concerning the financial interdependence and the ongoing nature of the relationship. The delegate's assessment was found to be flawed in its evaluation of the evidence relating to shared household expenses and the care of stepchildren. Consequently, the court determined that the decision under review was affected by jurisdictional error.

The court made orders remitting the application for a Partner (Temporary) (Class UK) visa, subclass 820, to the Minister for reconsideration according to law.