Vuong v Minister for Home Affairs

In *Vuong v Minister for Home Affairs*, the applicant sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) affirming the delegate's refusal of a partner visa. The applicant had married the sponsor after her tourist visa expired, and the delegate was not satisfied that the parties were in a genuine relationship. The AAT subsequently affirmed this refusal, finding that the criteria for the partner visa were not met.

The central legal issues before the court were whether the AAT had failed to make findings as to specific matters prescribed by the regulations for evaluating the genuineness of a relationship, specifically concerning the parties' living arrangements and the sharing of responsibility for housework. The court also considered whether the AAT had failed to take into account relevant considerations or had taken into account irrelevant considerations, and the scope of the AAT's obligation to consider all evidence and claims, particularly where a claim was reformulated during the judicial review process.

Justice Kelly found that the AAT had erred in law. The Tribunal had failed to make specific findings on crucial aspects of the relationship, such as the parties' living arrangements and the division of domestic responsibilities, which were mandatory considerations under the relevant regulations. The court held that the AAT's obligation extended to considering all evidence and claims presented, and that its failure to adequately address these prescribed matters amounted to a failure to take into account relevant considerations and a failure to properly exercise its jurisdiction. The application for judicial review was allowed.