1730896 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant claimed that her relationship with the visa sponsor had ceased and that she had suffered family violence committed by the sponsor. The Tribunal was required to consider the evidence presented by the applicant in support of these claims.

The legal issues before the Tribunal were whether the applicant and the sponsor had been in a genuine partner relationship, whether that relationship had ceased, and crucially, whether the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. The Tribunal also had to determine if the evidence met the criteria for a non-judicially determined claim of family violence.

The Tribunal found that the applicant and sponsor had met in 2012, married in 2013, and resided together until the relationship ceased in December 2020. Extensive documentary evidence, including travel records, financial documents, photos, and statutory declarations, supported the existence of the relationship. The applicant's oral evidence regarding the timeline and the deterioration of the relationship due to controlling and abusive behaviour, exacerbated by increased alcohol consumption by the sponsor during COVID-19 lockdowns, was consistent with the documentary evidence. The Tribunal was satisfied that the partner relationship existed and had ceased, and that the applicant had suffered relevant family violence committed by the sponsor.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria specified in clauses 801.221(6)(b) and (c) of Schedule 2 to the Migration Regulations 1994. The Minister was to consider the remaining criteria for the visa.