Fiefia v Minister for Immigration

The applicant, Fiefia, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the delegate of the Minister for Immigration and Border Protection's refusal to grant a Subclass 820 partner visa. The primary dispute concerned whether the AAT's decision was affected by jurisdictional error, specifically in relation to the applicant's failure to satisfy criterion 3001 of Schedule 3 of the *Migration Regulations 1994* (Cth).

The court was required to determine whether the AAT had failed to consider compelling reasons presented by the applicant that might have warranted an exception to the usual requirements. These compelling reasons included the length of the applicant's relationship, difficulties with fertility and the ability to conceive, the period of separation between the applicant and their partner, and the active intellectual engagement within the relationship. The court also considered whether the AAT had failed to adequately consider the consequences of such separation.

Justice Mercuri found that the AAT had not committed jurisdictional error. The Tribunal had considered the relevant factors, including the length of the relationship, fertility issues, and the consequences of separation, in its assessment of whether compelling reasons existed. The AAT's decision was based on its evaluation of the evidence and departmental policy, and its findings were open to it on the material before it. The court concluded that the AAT had not failed to consider any relevant matter or taken into account any irrelevant matter.

Consequently, the applicant's application for judicial review was dismissed. The applicant was also ordered to pay the first respondent's costs, to be fixed if not agreed.