1607859 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant sought to have the visa granted despite the withdrawal of sponsorship by the sponsor, citing a claim of family violence. The Tribunal was required to determine whether the applicant met the criteria for the visa in the absence of sponsorship, specifically in light of the alleged family violence.

The central legal issue was whether the applicant had provided sufficient evidence to establish a non-judicially determined claim of family violence, as contemplated by the Migration Regulations 1994. This involved assessing whether the applicant had satisfied the requirements of regulation 1.23, which outlines the circumstances under which family violence is taken to have been suffered or committed, particularly in the context of a non-judicially determined claim. The Tribunal also had to consider the specific evidentiary requirements stipulated by regulation 1.24 and the relevant legislative instrument, IMMI 12/116.

The Tribunal reasoned that for a non-judicially determined claim of family violence to be accepted, the applicant must present evidence in accordance with regulation 1.24. This regulation, as elaborated by IMMI 12/116, requires a minimum of two distinct types of evidence from a specified list, with no more than one of each type permitted. The applicant had not provided evidence of the prescribed type and number to substantiate their claim of family violence. Consequently, the Tribunal affirmed the decision not to grant the visa, as the applicant failed to meet the criteria for a Partner visa, including the requirement for sponsorship or the alternative pathway through a substantiated claim of family violence.