Bajwa& Ors v Minister for Immigration

In *Bajwa & Ors v Minister for Immigration*, the applicants, Mr. and Mrs. Bajwa, sought judicial review of the Minister for Immigration's decision to refuse their application for a Partner (Provisional) (Class 173) visa. The applicants had lodged their application on 18 March 2019, and it was refused on 23 September 2021. The core of the dispute concerned the Minister's assessment of whether the applicants had provided sufficient evidence to satisfy the requirements of Schedule 3 of the *Migration Regulations 1994* (Cth) concerning the genuineness of their relationship and the circumstances of their application.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate of the Minister had erred in law in assessing the applicants' claims for Schedule 3 criteria, specifically regarding the genuineness of their relationship and the reasons for their failure to meet the criteria for a Partner (Temporary) (Class 100) visa. The applicants contended that the delegate failed to properly consider the evidence they had provided and that the decision was affected by an error of fact or law.

Judge Riethmuller found that the delegate had failed to adequately consider the evidence presented by the applicants regarding the genuineness of their relationship, particularly in light of the circumstances surrounding their application and the reasons for not meeting the criteria for a Partner (Temporary) (Class 100) visa. The delegate's assessment was found to be based on an incomplete and flawed understanding of the evidence, leading to an erroneous conclusion that the Schedule 3 criteria had not been met. The court applied the principles of administrative law, requiring that a decision-maker must genuinely consider all relevant evidence and provide adequate reasons for their findings.

Consequently, the court set aside the delegate's decision and remitted the application for reconsideration according to law.