Gurung (Migration)

The applicant, Mr. Gurung, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for a Partner (Temporary) (Class UK) visa. The delegate of the Minister had determined that Mr. Gurung did not meet the criteria for the visa, specifically concerning the genuineness of his relationship with his sponsor. The matter came before Justice Andrew George of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate's decision to refuse the visa application was affected by jurisdictional error. This involved examining whether the delegate had properly considered all relevant evidence and applied the correct legal principles in assessing the genuineness of the relationship, as required by the *Migration Act 1958* (Cth) and the relevant visa application provisions.

Justice George found that the delegate had failed to adequately consider significant documentary evidence provided by the applicant that supported the genuineness of his relationship. The delegate's assessment had focused on a limited aspect of the evidence, overlooking other material that demonstrated a genuine and continuing commitment between Mr. Gurung and his sponsor. The Court reiterated the principle that a delegate must undertake a holistic assessment of all evidence presented, and a failure to do so can constitute jurisdictional error. The Court concluded that the delegate's decision was vitiated by jurisdictional error.

The Court set aside the delegate's decision and remitted the application to the Department of Home Affairs for reconsideration according to law.