Ariyasinghe, Ex parte - Re Min for Immig & Anor

The applicants, Mr and Mrs Ariyasinghe, sought judicial review of a decision by the Minister for Immigration and Multicultural Affairs to refuse their application for a partner visa. The applicants, who were citizens of Sri Lanka, had applied for the visa on the basis of their alleged de facto relationship. The Minister had refused the application, finding that the applicants had not established a genuine de facto relationship. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister's decision to refuse the partner visa application was affected by an error of law, specifically whether the Minister had failed to take into account relevant considerations or had taken into account irrelevant considerations when assessing the genuineness of the de facto relationship. The applicants contended that the Minister's delegate had applied an incorrect legal test in determining the existence of a de facto relationship, thereby vitiating the decision.

The High Court considered the principles governing the assessment of de facto relationships under the Migration Act 1958 (Cth) and associated regulations. The Court emphasised that the assessment must be holistic and consider all relevant aspects of the relationship, including the degree of mutual commitment to a shared life, the duration and nature of the relationship, and the degree of exclusivity. The Court found that the delegate had erred by focusing too narrowly on specific aspects of the relationship and failing to give sufficient weight to other evidence demonstrating the genuine and continuing nature of the applicants' commitment. This error meant that the delegate had not properly applied the relevant legal test.

The High Court upheld the applicants' appeal, finding that the Minister's decision was vitiated by an error of law. The Court ordered that the decision of the Minister be set aside and remitted to the Minister for reconsideration according to law.