Hettiarachchige v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, Mr Hettiarachchige, 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 Minister's delegate had refused the visa on the basis that the applicant did not meet the criteria for a genuine relationship, as set out in s 5(1) of the *Migration Regulations 1994* (Cth) (the Regulations). The applicant contended that the delegate's decision was affected by jurisdictional error.

The primary legal issue before the Court was whether the delegate had failed to consider relevant considerations and taken into account irrelevant considerations when assessing the genuineness of the applicant's relationship with his sponsor. Specifically, the applicant argued that the delegate had placed undue weight on the fact that the applicant had not provided a joint bank account or evidence of shared household bills, and had failed to adequately consider other evidence demonstrating the couple's commitment to a life together.

Young J found that the delegate's assessment of the evidence was flawed. His Honour held that while joint bank accounts and shared bills are relevant factors in assessing a genuine relationship, they are not determinative. The delegate had failed to give sufficient weight to other evidence presented by the applicant, such as statutory declarations from friends and family, photographs, and evidence of shared social activities, which collectively indicated a genuine and continuing relationship. The delegate's focus on the absence of specific documentary evidence, to the exclusion of other relevant material, constituted a failure to consider relevant considerations and an improper exercise of the power conferred by the Regulations.

The Court ordered that the decision of the Minister's delegate be set aside and remitted to the Minister for reconsideration according to law.