Pharikan v Minister for Home Affairs

Pharikan, a national of Thailand, appeals a decision of the Federal Circuit Court of Australia to dismiss an application for judicial review of a decision of the Administrative Appeals Tribunal. The Tribunal had affirmed a decision of the Minister for Home Affairs to refuse to grant the appellant a Partner (Residence) (Class BS) visa on the basis that he had not satisfied the Tribunal that he was in a de facto relationship with his sponsor. The appellant contends that the Tribunal’s credibility finding was based on illogical or irrational reasoning. The court was required to decide whether the Tribunal had made a jurisdictional error in its assessment of the appellant’s credibility and the evidence presented. The court found that the Tribunal’s reasons did not reveal a jurisdictional error and dismissed the appeal. However, the court granted leave to the appellant to file an amended notice of appeal, allowing the appeal and setting aside the orders made by the Federal Circuit Court of Australia. The decision of the Tribunal was quashed, and the matter was remitted to the Tribunal, differently constituted, for determination according to law. The Minister was ordered to pay the appellant's costs of and incidental to the appeal and of the proceedings in the Federal Circuit Court of Australia as agreed or assessed.