Gowda & Ors v Minister for Immigration & Anor

The applicants, Mr and Mrs Gowda, sought judicial review of the Minister for Immigration's decision to refuse their visa applications. The Minister's delegate had refused their applications for a Partner (Temporary) (Class UK) visa and a Partner (Residence) (Class TY) visa, respectively. The applicants contended that the delegate had failed to consider relevant information and had made findings that were not supported by evidence.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate had properly considered all the information before them when assessing the applicants' claims for a genuine and ongoing relationship, as required by the *Migration Regulations 1994* (Cth). Specifically, the court had to determine if the delegate's adverse findings regarding the genuineness of the relationship were reasonably open to them on the evidence presented.

Judge Riethmuller found that the delegate had failed to adequately consider certain documentary evidence provided by the applicants, which included evidence of shared finances and social interactions. The delegate's adverse findings were based on a selective reading of the evidence, and the delegate did not provide adequate reasons for discounting the weight of the evidence that supported the genuineness of the relationship. Consequently, the delegate's decision was found to be affected by jurisdictional error. The applications were remitted to the Minister for reconsideration according to law.