Saavedra Herrera (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to establish that they were in a de facto relationship with the sponsor, an Australian citizen, as required by the Migration Regulations 1994. The Tribunal was tasked with determining whether the parties met the criteria for a de facto relationship under section 5CB of the Act.

The primary legal issue before the Tribunal was whether the applicant and the sponsor were in a genuine and continuing de facto relationship, as defined by section 5CB of the Migration Act 1958. This required consideration of all the circumstances of the relationship, including financial aspects, the nature of the household, social aspects, and the commitment to each other, as outlined in regulation 1.09A(3). Specifically, the Tribunal had to assess evidence relating to financial pooling, joint household responsibilities, current cohabitation, efforts towards joint residence, and how the relationship was represented to others.

The Tribunal found that while there was moderate financial pooling and the parties represented their relationship to others as genuine and ongoing, there was limited evidence of joint household responsibilities. Furthermore, the parties were not currently cohabiting, although they were actively seeking joint residence. Applying the principles from *Bretag v MILGEA* [1991] FCA 582, the Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant met certain other criteria for the visa.