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

This matter concerned an application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Minister's delegate's refusal to grant a Partner (Temporary) (Class UK) (Subclass 820) and Partner (Residence) (Class BS) (Subclass 801) visa. The central dispute revolved around a claim of family violence, which had not been judicially determined, and whether the evidence presented satisfied the legislative requirements for the visa.

The court was required to determine whether the AAT erred in its conclusion that the evidence before it failed to satisfy the legislative requirements concerning the claim of family violence. This involved an assessment of the evidence presented by the applicant and the AAT's interpretation and application of the relevant migration legislation.

Judge Young found that jurisdictional error had been made out. The reasoning focused on the AAT's assessment of the evidence in relation to the family violence claim. The court concluded that the AAT had not properly considered the evidence in accordance with the legislative framework, leading to an erroneous decision.

Consequently, the application was allowed. The court ordered an extension of time for the application, quashed the AAT's decision of 7 August 2020 by a writ of certiorari, and directed the AAT by a writ of mandamus to determine the review of the delegate's decision. The First Respondent was also ordered to pay the Applicant's costs.