1721734 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The applicant sought to have a decision not to grant the visa reviewed, with the central dispute revolving around whether the applicant had established a claim of family violence.

The Tribunal was required to determine whether the applicant met the criteria for the grant of the visa, specifically in relation to establishing a genuine and continuing relationship and whether family violence had occurred. This involved assessing the applicant's claims of emotional and psychological harm and their intention to establish a joint household, particularly in circumstances where family violence was alleged to have occurred after the relationship had ceased.

The Tribunal's reasoning focused on the lack of evidence to establish the claim of family violence. It noted that an opinion had been sought from an independent expert, but ultimately found that the claim of family violence had not been proven to the Tribunal's satisfaction. Consequently, the Tribunal concluded that the applicant did not meet the requirements of subclauses 100.221(4)(b) and (c) of the *Migration Regulations 1994* (Cth) for the grant of the visa. As no alternative sub-criteria were met, and an essential criterion for the visa was not satisfied, the Tribunal affirmed the original decision. The Tribunal affirmed the decision not to grant the applicant a Partner (Migrant) (Class BC) visa.