ZHANG v Minister for Immigration

This matter concerned an application for judicial review of a decision by the Migration Review Tribunal (MRT) affirming a delegate's refusal to grant a partner visa to the applicant, Ms. Zhang. The applicant had entered Australia as a student and met her sponsor in May 2011. They married in February 2012, after which the applicant applied for a partner visa. The delegate refused the application, being unsatisfied that the relationship was genuine and continuing as required by sections 5F(2)(c) and 5CB(b) of the *Migration Act 1958* (Cth).

The primary legal issues before the court were whether the Tribunal had considered all of the parties' circumstances in its assessment of the relationship's genuineness and whether it had properly considered the mandatory considerations prescribed by regulation 1.15A(3) of the *Migration Regulations 1994*. The applicant also raised a point concerning a Non-Disclosure Certificate, arguing she suffered disadvantage due to non-disclosure.

Judge A Kelly found that the Tribunal did not disregard the fact of the parties' relationship, including the 27-year age difference, but rather it was a matter for the Tribunal to determine the weight to attribute to these factors. The court was satisfied that the Tribunal had considered the mandatory considerations under regulation 1.15A(3). Furthermore, the court determined that the applicant had not suffered any disadvantage by reason of non-disclosure. Consequently, the application for judicial review was dismissed.