Thompson v Minister for Home Affairs

In *Thompson v Minister for Home Affairs*, the applicant sought judicial review of a decision by the Minister for Home Affairs to refuse a partner visa. The refusal was based on findings that the applicant's marriage was not valid and that no de facto relationship existed between the applicant and their sponsor. A key aspect of the applicant's challenge concerned assertions that an interpreter had provided incorrect translations during the assessment process.

The Federal Circuit and Family Court of Australia was required to determine whether the delegate's decision to refuse the visa was affected by jurisdictional error. Specifically, the court had to consider whether the delegate failed to properly consider the applicant's claims regarding the alleged misinterpretations by the interpreter, and whether this failure, if established, constituted a breach of the principles of procedural fairness or a failure to exercise the power conferred by the *Migration Act 1958* (Cth) according to law. The court also considered the application of sections 359A and 359AA of the *Migration Act 1958* (Cth) in relation to the evidence and findings made by the delegate.

Judge McGuire found that the delegate had adequately considered the applicant's submissions, including the assertions about the interpreter's alleged errors. The court held that the delegate was entitled to make the findings they did based on the evidence before them, and that the applicant had not demonstrated that the delegate failed to take relevant considerations into account or took irrelevant considerations into account. The court concluded that no jurisdictional error had occurred. The application for judicial review was dismissed.