Wadhwa v Minister for Immigration

The Federal Circuit Court of Australia heard the matter of *Wadhwa v Minister for Immigration*. The applicant, Mr Wadhwa, sought judicial review of a decision made by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse his application for a Partner (Temporary) (Class UK) visa. The Minister's decision was based on the applicant failing to meet the criteria for a genuine relationship, as stipulated in s 5F of the *Migration Act 1958* (Cth).

The central legal issue before the Court was whether the delegate of the Minister had erred in their assessment of the genuineness of Mr Wadhwa's relationship with his sponsor. Specifically, the Court was required to determine if the delegate had properly considered all relevant factors and evidence presented by the applicant, and whether the conclusion that the relationship was not genuine was reasonably open on the evidence.

Judge Lucev found that the delegate had failed to adequately consider certain documentary evidence provided by the applicant, which tended to support the genuineness of the relationship. The delegate's decision was therefore found to be affected by jurisdictional error. The Court quashed the Minister's decision and remitted the matter to the Minister for reconsideration according to law.