Nguyen (Migration)

The applicant, Ms. Nguyen, 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 issue before the Federal Circuit and Family Court of Australia was whether Ms. Nguyen had established that her relationship with her sponsor was genuine and continuing, as required by the *Migration Regulations 1994* (Cth).

The court was required to determine whether the delegate's assessment of the evidence regarding the genuineness and continuing nature of the relationship was reasonable. Specifically, the court considered the weight given to the sponsor's health issues, the pooling of financial resources, the shared responsibilities for children and household tasks, evidence of joint social activities, and the provision of mutual emotional support.

Her Honour Justice Jackson found that the delegate had failed to adequately consider all the evidence presented by the applicant concerning the genuineness and continuing nature of the relationship. The delegate's reasoning was found to be flawed in its assessment of the evidence, particularly in relation to the sponsor's health and its impact on the relationship, and the overall assessment of the couple's shared life. Consequently, the decision under review was set aside and remitted to the Minister for reconsideration according to law.