Dhakal v Minister for Immigration

In *Dhakal v Minister for Immigration*, the applicant, Mr. Dhakal, sought judicial review of the Minister for Immigration's decision to refuse his application for a Partner (Temporary) (Class 100) visa. The dispute centred on whether Mr. Dhakal had provided sufficient evidence to satisfy the delegate of the Minister that his relationship with his sponsor was genuine and continuing, as required by the *Migration Regulations 1994* (Cth). The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate's decision to refuse the visa application was affected by jurisdictional error. Specifically, the Court was required to determine if the delegate had failed to consider relevant evidence or had taken into account irrelevant considerations when assessing the genuineness of the relationship, thereby failing to exercise their power according to law.

Judge Lucev found that the delegate had failed to adequately consider significant documentary evidence provided by Mr. Dhakal, including evidence of joint finances, shared accommodation, and communications between the applicant and his sponsor. The delegate's assessment that the evidence was insufficient was found to be unreasonable and not open on the evidence before them. The Court applied the principles of administrative law, including the requirement for a decision-maker to undertake a proper, rational, and logical assessment of the evidence presented.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for redetermination according to law.