Faraj (Migration)

The applicant, Faraj, sought judicial review of the Minister's decision to refuse a Partner (Provisional) (Class UF) visa, subclass 309. The refusal was based on the applicant having sponsored two previous partners, which engaged the sponsorship limitations under the *Migration Regulations 1994* (Cth). While the Minister had waived these limitations, the decision also considered whether the applicant's relationship with the current partner was genuine and continuing, and whether there were compelling circumstances to justify granting the visa.

The primary legal issue before the Federal Court was whether the delegate's decision to refuse the visa was affected by jurisdictional error. This involved determining whether the delegate had properly considered all relevant factors, including the evidence presented regarding the genuineness and continuing nature of the relationship, and whether the delegate had adequately addressed the compelling circumstances that might warrant a waiver of the sponsorship limitations.

The Court found that the delegate's decision contained jurisdictional error. While the delegate acknowledged the waiver of sponsorship limitations, the reasoning did not sufficiently engage with the evidence presented to establish a genuine and continuing relationship, nor did it adequately explain why compelling circumstances were not found to exist. The Court noted that the evidence provided was entirely consistent and reliable, and the delegate's assessment did not reflect a proper consideration of this material. Consequently, the decision under review was remitted to the Minister for redetermination according to law.