ZHENG v Minister for Immigration

ZHENG applied to the Minister for Immigration for a Partner (Provisional) (Class UF) visa. The Minister refused to grant the visa. ZHENG sought judicial review of the Minister's decision in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse the visa was affected by jurisdictional error. Specifically, the Court considered whether the delegate of the Minister had failed to take into account relevant considerations, namely the applicant's submissions and evidence regarding her genuine and continuing relationship with her partner, and whether the delegate had failed to provide adequate reasons for the refusal.

Judge Simpson found that the delegate's decision-making process was flawed. The delegate's reasons for refusal did not adequately address the specific evidence and arguments presented by ZHENG concerning the genuineness and continuation of her relationship. This failure to engage with the applicant's material constituted a failure to take into account relevant considerations, leading to jurisdictional error. The Court held that the delegate's reasons were insufficient to allow ZHENG to understand the basis of the decision and to enable her to challenge it effectively.

The Court set aside the Minister's decision and remitted the application for a Partner (Provisional) (Class UF) visa to the Minister for redetermination according to law.