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

Su sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse her visa application. The dispute concerned the Minister's assessment of whether Su met the criteria for a Partner (Temporary) (Class UK) visa, specifically regarding the genuineness of her relationship with her sponsor.

The primary legal issue before the Federal Court was whether the delegate of the Minister had erred in law by failing to properly consider all relevant information and evidence presented by Su and her sponsor when assessing the genuineness of their relationship. This included determining whether the delegate had applied the correct legal test for assessing relationship genuineness and whether the delegate's adverse findings were supported by evidence.

Egan J found that the delegate had made an error of law by failing to adequately consider and weigh all the evidence presented, particularly concerning the couple's shared finances, social interaction, and future plans. The judge held that the delegate's assessment was based on an incomplete and unbalanced consideration of the material, leading to an unreasonable conclusion that the relationship was not genuine. The court applied the principles of administrative law, requiring decision-makers to undertake a comprehensive and balanced assessment of all relevant evidence.

The Minister's decision was set aside, and the matter was remitted to the Minister for redetermination according to law.