Grewal v Minister for Home Affairs

In *Grewal v Minister for Home Affairs*, the applicant, Mr. Grewal, sought judicial review of the Minister's decision to refuse his application for a partner visa (subclass 820). The core of the dispute concerned whether Mr. Grewal had met the criteria for a de facto relationship under the *Migration Regulations 1994* (Cth) at the time of his application. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the evidence presented by Mr. Grewal established that he and his partner had been in a de facto relationship for at least 12 months immediately preceding the date of the visa application, as required by Regulation 1.09A of the *Migration Regulations 1994*. This involved an assessment of the nature of their relationship, including whether they had presented themselves to the public as a couple and whether their relationship was genuine and continuing.

Judge A Kelly found that the evidence did not sufficiently demonstrate that Mr. Grewal and his partner had been in a de facto relationship for the requisite 12-month period. The Court considered the factors outlined in Regulation 1.09A(2), which include the financial aspects of the relationship, the nature of the household, the social aspects of the relationship, and the nature of the commitment to each other. While some evidence of a relationship existed, it did not meet the threshold of a de facto partnership for the statutory period. Consequently, the Court dismissed Mr. Grewal's application for judicial review.