Marwaha v Minister for Immigration

The applicant, Mr Marwaha, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse his application for a Partner (Temporary) (Class UK) visa. The Minister's decision was based on the applicant's failure to meet the criteria for a genuine and continuing relationship, as required by Schedule 1 of the *Migration Regulations 1994* (Cth). The applicant contended that the delegate's decision was affected by jurisdictional error.

The primary legal issue before the Federal Circuit Court was whether the delegate, in assessing the genuineness of the relationship, had failed to consider relevant considerations or had taken into account irrelevant considerations, thereby vitiating the decision. Specifically, the applicant argued that the delegate had placed undue weight on the absence of certain documentary evidence and had not adequately considered the evidence that was provided, including statutory declarations from friends and family attesting to the relationship's authenticity.

Judge McGuire found that the delegate's assessment had been flawed. The delegate had erred by focusing on the absence of specific types of evidence rather than assessing the totality of the evidence presented in support of the application. The court reiterated the principle that a delegate must consider all relevant evidence and that the absence of certain documents does not automatically lead to a conclusion that a relationship is not genuine, particularly when other credible evidence is available. The delegate's failure to properly weigh the provided statutory declarations and other evidence constituted a failure to consider relevant matters, leading to jurisdictional error. The application for judicial review was therefore granted.