Nguyen (Migration)

The applicant, Nguyen, 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 dispute concerned whether the applicant and her sponsor had a genuine and continuing spousal relationship, as required by the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The Administrative Appeals Tribunal had affirmed the delegate's decision to refuse the visa.

The court was required to determine whether the Tribunal had erred in law in its assessment of the evidence relating to the genuineness of the spousal relationship. Specifically, the court considered whether the Tribunal had failed to adequately consider the documentary evidence presented by the applicant, including a DNA Parentage Testing Procedure report, and whether it had given sufficient weight to the social and financial aspects of the relationship, as well as the nature of the household and the commitment between the parties.

The court found that the Tribunal had failed to properly consider all the evidence before it, particularly the DNA report, which was relevant to establishing the nature of the household and the commitment between the parties. The Tribunal's reasoning did not demonstrate that it had engaged with the evidence in a way that was open to it, leading to an error of law. Consequently, the court remitted the decision to the Administrative Appeals Tribunal for redetermination according to law.