SZQCN v Minister for Immigration

SZQCN (the applicant) sought judicial review of a decision made by the Migration Review Tribunal (MRT). The dispute concerned the applicant's application for a partner visa, specifically whether the MRT had failed to consider whether there were compelling reasons not to apply the criteria in Schedule 3 of the *Migration Regulations 1994* (Cth) at the time of its decision, given the applicant had informed the MRT he was no longer in a relationship with his sponsor. The matter came before Judge Barnes of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the MRT had committed a jurisdictional error by failing to adequately consider the applicant's submission regarding compelling reasons for not applying Schedule 3 criteria, particularly in light of the breakdown of the relationship with the sponsor. The Court was required to determine if the MRT's assessment of this aspect of the application was so flawed as to constitute a failure to exercise its jurisdiction.

Judge Barnes reasoned that while the MRT's decision might have been imperfect in its articulation, it had nonetheless considered the applicant's submission about the relationship breakdown and its implications for Schedule 3. The Court found that the MRT had implicitly or explicitly addressed the question of compelling reasons, and any error in this regard was not material to the ultimate outcome of the decision. Consequently, the Court concluded that no jurisdictional error had occurred.

The application for review was dismissed.