Ghafari (Migration)

The applicant, Mr. Ghafari, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning his Partner (Provisional) (Class UF) visa application, specifically a Subclass 309 (Spouse (Provisional)) visa. The dispute centred on whether Mr. Ghafari, as a secondary applicant, had sufficiently demonstrated his reliance on the primary applicant, and whether the primary applicant had provided continual financial support to their family, evidenced by financial receipts and international money orders.

The court was required to determine whether the delegate's decision to refuse the visa application was affected by an error of law. Specifically, the court had to consider whether the delegate had adequately assessed the evidence of financial support provided by the primary applicant to the secondary applicants, and whether the delegate had properly applied the relevant legislative criteria concerning financial dependence and support within the family unit.

In his reasoning, Nicholas McGowan J found that the delegate had failed to properly consider the documentary evidence presented, including financial receipts and international money orders, which were intended to demonstrate the primary applicant's ongoing financial support for the family. The court held that the delegate's assessment of the evidence was not open to them on the material before them, and that the decision was therefore affected by an error of law. Consequently, the court remitted the decision to the delegate for reconsideration according to law.