SZVEK v Minister for Immigration

SZVEK applied to the Minister for Immigration for a Partner (Temporary) (Class UK) visa. The Minister refused to grant the visa, finding that SZVEK did not meet the criteria for the visa, specifically the requirement that the applicant and their sponsor must be in a genuine and continuing relationship. SZVEK sought judicial review of the Minister's decision in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse the visa application was affected by jurisdictional error. This required the Court to consider whether the delegate of the Minister had properly assessed the evidence regarding the genuineness and continuation of the relationship between SZVEK and their sponsor, and whether the delegate had failed to consider relevant information or had taken irrelevant information into account.

Judge Manousaridis found that the delegate had failed to adequately consider crucial evidence that supported the genuineness of the relationship, including evidence of shared finances and joint commitments. The delegate's assessment was found to be based on an incomplete and unbalanced review of the material before them, leading to a conclusion that was not reasonably open on the evidence. The Court held that this failure constituted a jurisdictional error.

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