Wang v Minister for Immigration

This matter concerned an application to review a decision of the Administrative Appeals Tribunal (the Tribunal) to refuse a Partner visa. The applicant, Ms Wang, sought judicial review of the Tribunal's decision, alleging actual or apprehended bias, or a failure to have regard to evidence in a manner constituting jurisdictional error. The application was heard by Judge Barnes in the Federal Court of Australia.

The primary legal issue before the Court was whether the Tribunal erred in its consideration of the applicant's motivation for entering into the relationship and her Student visa history when assessing whether she and her sponsor were in a genuine de facto relationship for the purposes of the *Migration Act 1958* (Cth). Specifically, the Court had to determine if the Tribunal's consideration of these factors, in conjunction with other circumstances, amounted to jurisdictional error.

The Court dismissed the application, finding that it was open to the Tribunal to consider the applicant's motivation in entering the relationship and whether she and the sponsor viewed it as a long-term commitment, in addition to the specific circumstances of the relationship outlined in regulation 1.09A(3). The Court relied on *Minister for Immigration and Border Protection v Angkawijaya* and *Minister of Immigration, Local Government and Ethnic Affairs v Dhillon*, which established that while the motivation for entering a relationship is relevant, the critical issue is the existence of a genuine de facto relationship at the time of the decision. The Tribunal correctly understood that a migration outcome motivation was not mutually exclusive to a commitment to the relationship and considered all relevant circumstances. The Court held that the Tribunal had not had regard to an irrelevant consideration, as per *Minister for Immigration and Multicultural Affairs v Yusuf*.