NUKAVARAPU v Minister for Immigration

The applicant, Mr. Nukavarapu, 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 delegate had refused the visa on the grounds that the applicant's relationship with his sponsor did not meet the criteria for a genuine and continuing relationship as required by the *Migration Regulations 1994* (Cth). The matter came before Judge Simpson of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the delegate's decision to refuse the visa application was affected by jurisdictional error. Specifically, the Court was asked to consider whether the delegate had failed to properly consider all relevant information provided by the applicant regarding the genuineness and continuing nature of his relationship, and whether the delegate's adverse findings were reasonably open on the evidence before them.

Judge Simpson found that the delegate had failed to adequately consider certain documentary evidence that supported the applicant's claims about the nature of his relationship. The delegate's reasoning, which focused on a perceived lack of cohabitation and shared finances, did not sufficiently engage with the alternative forms of evidence presented, such as joint bank accounts, shared responsibilities, and evidence of future plans. The Court reiterated the principle that a delegate must undertake a holistic assessment of the evidence and cannot arbitrarily disregard material that is relevant to the assessment of a genuine and continuing relationship. Consequently, the delegate's decision was found to be affected by jurisdictional error. The Court set aside the delegate's decision and remitted the application to the Minister for reconsideration according to law.