Huseng (Migration)

The applicant, Huseng, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her Partner (Temporary) (Class UK) visa, subclass 820. The AAT had found that the applicant had not provided sufficient evidence to establish a genuine and continuing relationship with her partner, and that a claim of family violence had not been properly made out.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law in its assessment of the evidence relating to the genuineness of the relationship and the family violence claim. Specifically, the court considered whether the AAT had failed to adequately consider all relevant evidence or had applied an incorrect legal standard in its determination.

Justice Holub found that the AAT had not erred in law. The Tribunal had properly considered the evidence presented by the applicant, including documentary evidence and statements, and had given adequate reasons for its conclusion that the evidence did not establish a genuine and continuing relationship. Furthermore, the court held that the AAT had correctly determined that the applicant had not made a proper claim of family violence, as the necessary elements of such a claim were not sufficiently articulated or evidenced before the Tribunal. The court affirmed the AAT's decision.