Pasricha v Minister for Immigration

In *Pasricha v Minister for Immigration*, the applicant, Mr Pasricha, sought judicial review of a decision by the Minister for Immigration to refuse his application for a Partner (Temporary) (Class UK) visa. The dispute centred on whether the Minister had properly considered the applicant's claims of a genuine and continuing relationship with his partner, and whether the Minister had adequately addressed the applicant's submissions regarding the impact of the COVID-19 pandemic on their ability to provide further evidence. The matter came before Judge Burchardt of the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were: (1) whether the decision-maker failed to take into account relevant considerations, specifically the applicant's submissions regarding the impact of COVID-19 on the provision of further evidence; and (2) whether the decision-maker failed to provide adequate reasons for the refusal, particularly in relation to the assessment of the genuineness and continuing nature of the relationship.

Judge Burchardt found that the decision-maker had failed to adequately consider the applicant's submissions concerning the impact of the COVID-19 pandemic on their ability to obtain further documentary evidence to support their relationship claims. The Court held that the pandemic constituted a significant external factor that warranted specific consideration, and its impact on the applicant's capacity to meet evidentiary requirements had not been properly addressed in the decision-making process. Consequently, the decision was found to be affected by jurisdictional error.

The Court ordered that the decision of the Minister for Immigration be set aside and remitted to the Minister for redetermination according to law.