1610653 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (subclass 820) by an applicant whose relationship with the sponsor had ceased. The applicant claimed to be a victim of family violence, including sexual, financial, and emotional abuse, and sought to rely on a non-judicially determined claim of family violence. The decision was made by K. Chapman, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had established that they had suffered family violence, as required by clause 820.221(3) of the Migration Regulations 1994. This involved determining whether the evidence presented met the criteria for a non-judicially determined claim of family violence, particularly in the absence of a court injunction, order, or conviction. The Tribunal also had to consider whether any alternative sub-criteria for the visa grant were met.

The Tribunal reasoned that the applicant had not established a claim of family violence under the relevant provisions of the Migration Regulations. Specifically, the Tribunal found that the evidence presented did not satisfy the requirements for a non-judicially determined claim of family violence as defined in subregulation 1.23(9). As the applicant failed to meet this essential criterion for the visa, the Tribunal affirmed the delegate's decision not to grant the visa.