Chen v Minister for Immigration

In *Chen v Minister for Immigration*, the applicant sought judicial review of a decision by the Migration Review Tribunal (the Tribunal) concerning a spouse visa application. The applicant alleged that the Tribunal's decision was affected by jurisdictional error.

The central legal issues before the Court were whether the Tribunal had applied an incorrect test in assessing the application, failed to make necessary enquiries, neglected to consider the best interests of a child, and misapplied a relevant legal test. The Court was also required to consider the nature of foreign law as a question of fact.

Justice Cameron found that the Tribunal had indeed committed jurisdictional error. The Tribunal had applied an incorrect test by failing to properly consider the applicant's submissions regarding the genuineness of the spousal relationship, particularly in light of the applicant's cultural background. Furthermore, the Tribunal had failed to make adequate enquiries into the circumstances of the child, whose best interests were a relevant consideration. The Court reiterated that questions of foreign law are questions of fact, and the Tribunal's approach to this aspect of the evidence was also flawed.

Consequently, the Court quashed the decision of the Migration Review Tribunal and remitted the matter to the Tribunal to be heard and determined according to law.