Mohsin v Minister for Immigration

Mohsin (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) concerning a partner visa application. The sponsorship for the visa had been withdrawn by the applicant's partner. A key issue in the proceedings was the validity of a certificate issued under s 375A of the *Migration Act 1958* (Cth) and the non-disclosure of certain letters provided to the Department by the sponsor. The applicant alleged domestic violence perpetrated by the sponsor, while the sponsor had made undisclosed allegations of fraud against the applicant.

The Federal Court was required to determine whether the non-disclosure of the letters provided by the sponsor to the Department caused a practical injustice to the applicant. This involved considering whether the failure to disclose these documents could have possibly deprived the applicant of a successful outcome in their visa application, and whether there was non-compliance with s 359A of the *Migration Act 1958* (Cth) in relation to the disclosure obligations.

The Court found that the non-disclosure of the sponsor's letters, which contained allegations of fraud against the applicant and also referred to domestic violence, likely caused a practical injustice. The Court reasoned that these undisclosed documents were relevant to the assessment of the applicant's visa application, particularly in light of the allegations of domestic violence made by the applicant. The failure to disclose these documents meant that the applicant was not afforded a proper opportunity to respond to the allegations made by the sponsor, and that this failure could have deprived the applicant of a successful outcome. Consequently, the Court issued the writs sought by the applicant.