DHINDSA v Minister for Immigration

In *Dhindsa v Minister for Immigration*, the applicant, Mr Dhindsa, sought judicial review of the Minister's decision to refuse his application for a Partner (Temporary) (Class UK) visa. The dispute centred on whether the Minister had properly considered the applicant's claims of a genuine and continuing relationship with his partner, and whether the Minister had adequately assessed the evidence provided to support these claims. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law by failing to undertake a proper assessment of the evidence relating to the genuineness and continuing nature of Mr Dhindsa's relationship with his partner, as required by the *Migration Regulations 1994* (Cth) and relevant policy guidelines. This included examining whether the delegate had given sufficient weight to the documentary evidence and oral testimony presented by the applicant and his partner, and whether the delegate's adverse findings were supported by the evidence on the record.

Judge Riley found that the delegate had failed to properly consider significant portions of the evidence, particularly concerning the couple's shared finances and social interactions. The Court reiterated the principle that a delegate must engage with all relevant evidence presented, and that adverse findings must be based on a comprehensive and balanced assessment of that evidence, rather than on selective consideration or unsupported assumptions. The delegate's decision was therefore found to be affected by jurisdictional error.

The Court set aside the delegate's decision and remitted the application for a Partner (Temporary) (Class UK) visa to the Minister for reconsideration according to law.