Li v Minister for Immigration

In *Li v Minister for Immigration*, the applicant, Mr Li, sought judicial review of the Minister for Immigration's decision to refuse his application for a partner visa. The dispute centred on whether Mr Li had provided sufficient evidence to satisfy the Minister that his relationship with his partner was genuine and continuing. The matter came before Judge Manousaridis in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law by failing to properly consider all the evidence presented by Mr Li in support of his partner visa application. Specifically, the Court was asked to determine if the delegate had applied the correct legal test for assessing the genuineness and continuity of a spousal relationship under the *Migration Regulations 1994* (Cth) and relevant ministerial guidelines.

Judge Manousaridis found that the delegate had made an error of law by failing to adequately assess the entirety of the documentary evidence provided by Mr Li. The delegate had focused on certain perceived deficiencies without giving due weight to other substantial evidence that demonstrated the genuine and continuing nature of the relationship. The Court reiterated the principle that a decision-maker must consider all relevant evidence, and that a failure to do so can constitute an error of law.

The Court ordered that the decision of the Minister be set aside and remitted to the Department of Home Affairs for reconsideration according to law.