Zhan (Migration)

The applicant, Zhan, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to affirm a decision to refuse a Partner (Temporary) (Class UK) visa (subclass 820). The dispute arose from the applicant's failure to provide requested information and the subsequent determination that the relationship between the applicant and the sponsor had ended, meaning the applicant was no longer the spouse or de facto partner of the sponsor as defined at the time of the decision. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate's decision to affirm the refusal of the visa was affected by jurisdictional error. This required the Court to consider whether the delegate had properly assessed the applicant's eligibility for the visa, particularly in light of the changed circumstances of the relationship and the applicant's failure to provide the requested information.

The Court reasoned that the delegate was entitled to conclude that the applicant did not meet the criteria for the visa at the time of the decision. The delegate had afforded the applicant an opportunity to provide further information regarding the relationship, which the applicant failed to do. Consequently, the delegate was not satisfied that the applicant was still in a genuine and continuing relationship with the sponsor, nor that the applicant was the spouse or de facto partner of the sponsor as required by the *Migration Regulations 1994* (Cth). The Court found no jurisdictional error in the delegate's assessment of the evidence before them.

The application for judicial review was dismissed.