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

In this matter before Judge Vasta of the Federal Circuit Court of Australia, the applicant, Mr. Hwang, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT). The dispute concerned the AAT's affirmation of a decision to refuse Mr. Hwang's partner visa application. The core of the disagreement lay in the AAT's assessment of the genuineness and long-term nature of Mr. Hwang's relationship with his purported spouse.

The primary legal issue before the Court was whether the AAT had committed a jurisdictional error in its assessment of the applicant's relationship. Specifically, the applicant contended that the Tribunal acted irrationally by finding that the parties did not see their relationship as long-term, and in doing so, failed to properly consider regulation 1.15A(3)(d)(iv) of the *Migration Regulations 1994* (Cth). This regulation requires consideration of whether the parties see their relationship as long-term as part of assessing the nature of their commitment to each other.

Judge Vasta reasoned that the Tribunal had indeed failed to properly consider the relevant factors under regulation 1.15A(3)(d)(iv). While the Tribunal acknowledged aspects of the relationship, such as companionship and emotional support, it ultimately concluded that the parties might have used the migration laws for a visa outcome and was not convinced of a genuine spousal relationship. The Court found that the Tribunal's finding that the parties did not see the relationship as long-term was not supported by the evidence and that this failure constituted a jurisdictional error. Consequently, the Court ordered that a writ of certiorari issue to quash the Tribunal's decision and a writ of mandamus issue directing the Tribunal to determine the applicant's application according to law.