Maaz (Migration)

The applicant, Maaz, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The primary issue before the Federal Circuit and Family Court of Australia was whether the applicant had established a genuine and continuing relationship with their sponsor, notwithstanding the sponsor's withdrawal of sponsorship and the applicant's contravention of a family violence order.

The court was required to determine whether the delegate's decision to refuse the visa was affected by jurisdictional error. Specifically, the court had to consider whether the delegate had adequately assessed the evidence of reconciliation following the sponsor's withdrawal of sponsorship and whether the delegate had properly considered the impact of the family violence order on the genuineness of the relationship.

In his reasoning, Dragovic J found that the delegate had failed to properly consider the evidence of reconciliation presented by the applicant, which included evidence of ongoing communication and shared accommodation after the sponsor's initial withdrawal. Furthermore, the delegate had not adequately addressed the applicant's explanation for contravening the family violence order, which was crucial to assessing the applicant's credibility and the overall genuineness of the relationship. The court held that these omissions amounted to jurisdictional error.

Consequently, the court remitted the decision to the Administrative Appeals Tribunal for redetermination according to law.