Wong (Migration)

This matter concerned an appeal by the applicant, Mr Wong, against a decision of the Administrative Appeals Tribunal (AAT) which had affirmed the refusal of his Partner (Temporary) (Class UK) visa application, subclass 820. The applicant had sought to establish a de facto relationship with his partner, evidenced in part by a civil partnership certificate issued in the United Kingdom.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by failing to properly consider the evidentiary weight of the civil partnership certificate in its assessment of the existence of a de facto relationship for the purposes of the *Migration Regulations 1994* (Cth). Specifically, the court was required to determine if the AAT had given sufficient regard to the legal status conferred by such a certificate in the jurisdiction of its origin.

Justice McGowan found that the AAT had erred in law by failing to adequately engage with the significance of the civil partnership certificate. The court held that while the certificate alone might not be determinative of a de facto relationship under Australian migration law, it was a significant piece of evidence that required proper consideration of its legal effect in the UK. The AAT's approach, which appeared to treat the certificate as merely one document among others without fully appreciating its legal standing, constituted an error.

Consequently, the court ordered that the AAT's decision be set aside and remitted to the AAT for redetermination according to law.