Madrigal Urrea (Migration)

The applicant, Madrigal Urrea, sought review of a decision concerning her Partner (Temporary) (Class UK) visa, Subclass 820. The dispute centred on whether she met the criteria for a de facto relationship as required for the visa. The matter came before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of Regulation 2.03A of the Migration Regulations 1994, specifically concerning the duration of the de facto relationship and the age of the parties. The Tribunal also considered whether the applicant was, at the time of her application, the de facto partner of her sponsor, an Australian permanent resident.

The Tribunal found that the applicant had provided a relationship certificate registered in Victoria, which satisfied Regulation 2.03A(5) by virtue of the relationship being recognised under an Australian State law. Coupled with the fact that both parties were over 18 years of age at the time of application, the Tribunal was satisfied that the applicant met the requirements of Regulation 2.03A for the purposes of clause 820.211(2). Furthermore, the Tribunal was satisfied that the applicant was the de facto partner of her sponsor at the time of the application. Consequently, the Tribunal remitted the applicant's temporary partner visa application to the Immigration Minister for further consideration.