Sun v Minister for Immigration

Sun sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant her a Partner (Temporary) (Class UK) visa. The applicant had lodged her application on 18 March 2019. The delegate of the Minister refused the application on 20 August 2020, finding that the applicant had not satisfied the criteria for the visa, specifically that she had not provided sufficient evidence to establish that her relationship with her sponsor was genuine and continuing. The applicant sought review of this decision in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the delegate had erred in their assessment of the evidence regarding the genuineness and continuing nature of the applicant's relationship with her sponsor. This involved considering whether the delegate had properly considered all the evidence before them, including documentary evidence and statements from both the applicant and the sponsor, and whether the delegate's conclusion that the evidence was insufficient was reasonable and supported by the material.

Judge Vasta found that the delegate had failed to adequately consider certain documentary evidence that supported the genuineness of the relationship, including evidence of shared finances and social interactions. The Court held that the delegate's decision was affected by jurisdictional error because it was based on an unreasonable assessment of the evidence. The Court applied the principles of administrative law, emphasizing the obligation of a decision-maker to consider all relevant evidence and to provide reasons that are logically connected to the evidence and the decision.

The Court set aside the delegate's decision and remitted the application for reconsideration by the Minister according to law.