Sharma v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Sharma (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) concerning her application for a partner visa. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) was the respondent. The dispute centred on the interpretation of provisions within the *Migration Regulations 1994* (Cth) relating to the assessment of partner visa applications, particularly in circumstances involving family violence. The matter came before Vasta J of the Federal Court of Australia.

The primary legal issue before the Court was whether the Tribunal was required, as a threshold matter, to find that a genuine spousal relationship existed before it could consider an exception to certain visa requirements, specifically the exception relating to family violence. This question arose due to conflicting interpretations from previous Federal Court judgments on the proper approach to assessing such applications. The Court was therefore tasked with determining the correct application of the principle of precedent in light of these differing authorities.

Vasta J reasoned that the established Federal Court authority dictated that a finding of a genuine spousal relationship was a prerequisite to considering the family violence exception. His Honour found that a recent judgment which suggested otherwise had not displaced this established principle. Consequently, the Tribunal had erred in law by failing to make this preliminary finding before assessing the family violence exception. The Court ordered that a writ of certiorari issue to quash the Tribunal's decision and a writ of mandamus issue directing the Tribunal to determine the applicant's visa application according to law. However, these orders were stayed pending an appeal by the Minister.