Fobizi v Minister for Immigration & Anor

The applicant, Fobizi, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed an earlier decision not to grant a Partner (Provisional) (Class UF) visa. The matter came before Judge Antoni Lucev in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the Tribunal had committed jurisdictional error by failing to properly consider and decide two key aspects of the visa application: first, whether the applicant demonstrated a commitment to the relationship to the exclusion of all others, and second, whether the relationship was a long-term relationship.

His Honour found that the Tribunal’s decision contained jurisdictional error. The Tribunal’s reasons indicated that it had not adequately considered the evidence relating to the applicant's commitment to the relationship to the exclusion of all others, nor had it properly assessed whether the relationship was a long-term one, as required by the relevant legislative provisions. The use of the word "consider" in the legislation imposed a positive duty on the Tribunal to engage with these issues, which it had failed to do.

Writs were issued.