Freeland (Migration)

In *Freeland (Migration)*, the applicant sought judicial review of a decision made by the Migration Review Tribunal (MRT). The applicant had applied for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The core of the dispute concerned the MRT's handling of the applicant's health requirements for the visa.

The primary legal issue before the court was whether the MRT had made a jurisdictional error by failing to consider all the evidence before it, specifically evidence relating to the applicant's health examinations. The applicant contended that the MRT had made its decision without properly hearing the necessary evidence, thereby breaching procedural fairness.

The court found that the MRT had indeed made a jurisdictional error. The Tribunal had received evidence of the required health examinations but proceeded to make a decision without adequately considering this crucial information. This failure to engage with the evidence constituted a breach of the principles of procedural fairness, as the applicant was denied a proper hearing of their case. Consequently, the court determined that the MRT's decision could not stand.

The court ordered that the decision of the Migration Review Tribunal be set aside and remitted to the Tribunal for redetermination according to law.