Makina (Migration)

The applicant, Makina, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse her Partner (Temporary) (Class UK) visa (subclass 820). The primary dispute concerned whether Makina and her sponsor had a genuine and ongoing relationship, as required by the *Migration Regulations 1994* (Cth). The application was heard by Joseph Francis, a delegate of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the delegate erred in finding that the relationship between Makina and her sponsor was not genuine and ongoing. This involved assessing the financial, household, and social aspects of their relationship, as well as the nature of their commitment to each other. A further issue was whether the delegate had properly considered the applicant's circumstances, including the fact that her application was made significantly more than 28 days after her last substantive visa expired, and whether a waiver of this criterion was warranted, particularly in light of her strong relationship with and the best interests of her Australian citizen child, and her support for the sponsor's children.

The Tribunal found that the delegate had failed to adequately consider the evidence relating to the genuine and ongoing nature of the relationship, particularly in light of the applicant's child and the support provided to the sponsor's children. The delegate's assessment of the financial, household, and social aspects was considered insufficient. Consequently, the Tribunal concluded that the decision under review was affected by error. The decision was remitted to the delegate for redetermination.