Liew & Anor v Minister for Immigration and Border Protection & Anor

The applicants, Mr. Liew and his wife, sought judicial review of a decision by the Minister for Immigration and Border Protection to refuse their visa applications. The dispute concerned the Minister's assessment of whether the applicants met the criteria for a Partner visa, specifically regarding the genuineness of their relationship. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister, in assessing the genuineness of the applicants' relationship, was required to consider evidence of their relationship that was provided *after* the visa application was lodged but *before* the Minister made a decision. The applicants contended that the Minister had erred by failing to consider such evidence, which they argued was relevant to the assessment of their ongoing relationship.

Gageler J, in his judgment, considered the framework established by the *Migration Act 1958* (Cth) and the relevant regulations. His Honour reasoned that the legislative intent was for the Minister to assess the applicant's circumstances at the time of the decision. Therefore, evidence of the relationship's genuineness that emerged or was provided after the application was lodged, but before the decision was made, was capable of being considered by the Minister as relevant to the assessment of the applicant's circumstances at that later point. The Minister's failure to consider this evidence constituted an error of law.

The High Court allowed the appeal, setting aside the decision of the Minister and remitting the matter to the Minister for reconsideration according to law.