Liew v Minister for Immigration

In *Liew v Minister for Immigration*, the applicant, Mr Liew, sought judicial review of a decision by the Minister for Immigration to refuse his application for a partner visa. The dispute centred on whether the Minister had adequately considered certain evidence provided by Mr Liew in support of his application. The matter came before Judge Nicholls of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's delegate had failed to take into account relevant considerations, specifically evidence relating to the applicant's alleged fear of persecution in his home country, when assessing the partner visa application. This involved determining the scope of the delegate's duty to consider all evidence before them and the implications of failing to do so.

Judge Nicholls reasoned that the delegate's decision-making process must demonstrate that all relevant material placed before them has been considered. The Court found that the delegate's reasons for decision did not adequately address or engage with the evidence concerning the applicant's fear of persecution, which was a crucial factor in the overall assessment of the visa application. The Court applied the principle that a failure to consider relevant material can render a decision legally unreasonable.

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