Thanthrige v Minister for Immigration

In *Thanthrige v Minister for Immigration*, the applicant, Mr. Thanthrige, sought judicial review of the Minister for Immigration's decision to refuse his application for a Partner (Provisional) (Class UF) visa. The dispute centred on whether the Minister had properly considered the applicant's claims of a genuine and continuing relationship with his partner, as required by the *Migration Act 1958* (Cth) and associated regulations. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in law by failing to adequately consider the evidence presented by the applicant regarding the genuineness and continuing nature of his relationship with his partner. Specifically, the Court was asked to determine if the delegate's assessment of the evidence was reasonable and whether the delegate had applied the correct legal test in evaluating the relationship.

Judge Riethmuller found that the delegate had failed to properly consider all the evidence before making the decision. The delegate's assessment was found to be based on an incomplete and therefore unreasonable evaluation of the material provided by the applicant, which included evidence of the couple's shared finances, social interactions, and future plans. The Court reiterated the principle that a delegate must undertake a holistic assessment of the evidence to determine if a relationship is genuine and continuing, rather than focusing on isolated aspects or making assumptions.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for reconsideration according to law.