Boyce v Minister for Immigration

In *Boyce v Minister for Immigration*, the applicant sought judicial review of a decision made by the Migration Review Tribunal. The dispute concerned the Tribunal's assessment of the applicant's eligibility for a permanent resident partner visa.

The central legal issues before the court were whether the Tribunal had committed a jurisdictional error. Specifically, the court considered whether the Tribunal erroneously believed it was not required to consider clause 801.221(6)(c) of the *Migration Regulations 1994* if the applicant was not in a de facto relationship with his sponsor at the time of the Tribunal's decision. Further, the court examined whether the Tribunal had failed to consider whether the applicant and his sponsor were de facto partners at times other than the time of the decision, and whether the Tribunal had adequately notified the applicant that his relationship status at times other than the time of decision would be relevant to the review.

Judge Cameron reasoned that the Tribunal's interpretation of clause 801.221(6)(c) was too narrow. The court held that the provision required the Tribunal to consider the applicant's de facto relationship status at the time the application was made, not solely at the time of the Tribunal's decision. The Tribunal's failure to consider this broader timeframe, and its subsequent failure to notify the applicant of the relevance of his relationship status at earlier points, constituted a jurisdictional error.

The court found in favour of the applicant, quashing the decision of the Migration Review Tribunal.