El Maarbani v Minister for Immigration

In the Federal Court of Australia, El Maarbani (the applicant) sought judicial review of a decision made by the Minister for Immigration (the respondent) to refuse to grant a visa. The applicant had applied for a Partner (Temporary) (Class UK) visa.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law by failing to consider, or adequately consider, the applicant's submissions regarding the genuine and continuing nature of their relationship with their partner, particularly in light of the applicant's alleged mental health issues and the impact of COVID-19 restrictions on their ability to provide further evidence. The applicant also contended that the delegate failed to provide adequate reasons for the decision.

Judge Manousaridis found that the delegate's decision contained a jurisdictional error. The delegate's reasons for decision did not demonstrate that the applicant's submissions concerning the impact of COVID-19 on the relationship and the applicant's mental health had been properly considered. The Court held that a failure to consider relevant material, or to provide adequate reasons for rejecting it, constitutes an error of law. The Court emphasised that while the delegate was not required to accept all submissions, they were required to engage with them and provide reasons for their rejection.

The Court set aside the decision of the delegate and remitted the application for a partner visa to the Minister for reconsideration according to law.