ANEJA v Minister for Immigration

In *Aneja v Minister for Immigration*, the applicant, Mr Aneja, sought judicial review of a decision by the Minister for Immigration to refuse his application for a Partner (Temporary) (Class UK) visa. The dispute centred on whether Mr Aneja met the eligibility criteria for the visa, specifically concerning the genuineness of his relationship with his partner. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in finding that Mr Aneja's relationship with his partner was not genuine or was not subsisting. This involved an assessment of the evidence presented by Mr Aneja regarding the nature and extent of his relationship, and whether that evidence satisfied the requirements of the *Migration Regulations 1994* (Cth) and the relevant policy guidelines.

Judge Jarrett considered the evidence in detail, including documentary evidence and statements from the applicant and his partner. The Court applied the principles established in cases concerning the assessment of genuine and subsisting relationships for the purposes of partner visas, which require a holistic assessment of the relationship's characteristics. The Court found that the delegate had failed to adequately consider certain aspects of the evidence, particularly concerning the couple's shared social life and their future plans, which, when viewed collectively, supported the genuineness of their relationship. The delegate's decision was therefore found to be affected by jurisdictional error.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for reconsideration according to law.