Catchwords:

MIGRATION – partner visa – whether marriage genuine – spouse previously obtained protection visa based on homosexuality – Tribunal’s premise that homosexuality fixed at and immutable from birth – premise prevented Tribunal from engaging with claims and material – irrational and illogical reasoning process – jurisdictional error – appeal allowed



ADMINISTRATIVE LAW – failure to consider circumstances specific to the visa applicant and spouse – illogical or irrational reasoning process – appeal allowed – partner visa – whether marriage genuine – spouse previously obtained protection visa based on homosexuality – Tribunal’s premise that homosexuality fixed at and immutable from birth – premise prevented Tribunal from engaging with claims and material – irrational and illogical reasoning process – jurisdictional error – appeal allowed– failure to consider circumstances specific to the visa applicant and spouse – illogical or irrational reasoning process – appeal allowed