Wang v Minister for Immigration

In *Wang v Minister for Immigration*, the applicant, Mr. Wang, sought judicial review of a decision by the Minister for Immigration to refuse his application for a partner visa. The dispute centred on whether Mr. Wang had provided sufficient evidence to satisfy the Minister that his relationship with his sponsor was genuine and continuing, as required by the *Migration Regulations 1994* (Cth). The matter was heard before Judge Raphael 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 properly consider all the evidence presented by Mr. Wang regarding the nature and duration of his relationship. Specifically, the Court was asked to determine if the delegate had applied the correct legal test for assessing the genuineness of a spousal relationship and whether the delegate's conclusion that the relationship was not genuine and continuing was reasonably open to them on the evidence before them.

Judge Raphael found that the delegate had failed to adequately consider certain documentary evidence that supported the genuineness of the relationship, including evidence of shared finances and social interactions. The Court reiterated the principle that a delegate must consider all relevant evidence, both favourable and unfavourable, when assessing a visa application. The delegate's decision was found to be affected by an error of law because it was based on an incomplete and therefore flawed assessment of the evidence.

Consequently, the Court quashed the decision of the Minister to refuse the partner visa and remitted the matter to the Minister for reconsideration according to law.