1800275 (Migration)

This decision concerns an application for review by an applicant challenging a decision made by the Administrative Appeals Tribunal. The dispute centred on whether the applicant met the criteria for a partner visa, specifically whether she was in a de facto relationship with her sponsor at the time of application and whether that relationship had ceased due to family violence.

The Administrative Appeals Tribunal was required to determine if the applicant was the spouse or de facto partner of her sponsor, and if so, whether the criteria under regulation 1.09A and section 5CB(2) of the Migration Act 1994 were satisfied. Furthermore, the Tribunal had to consider whether the applicant met the requirements of clause 820.221(1) of the Migration Regulations 1994, specifically clause 820.221(3), which relates to the cessation of a relationship due to family violence as defined in regulation 1.23.

The Tribunal found that the applicant and her sponsor had met the requirements for a de facto relationship, based on substantial documentary evidence including statements from the parties, friends, and acquaintances, as well as evidence relating to their financial matters, social life, household arrangements, and commitment to each other. The Tribunal also considered a relationship certificate submitted by the parties. Crucially, the Tribunal found that the applicant had been the victim of family violence, evidenced by a provisional and final Intervention Order, and a letter from a Senior Constable confirming the sponsor's conviction for assault occasioning actual bodily harm and damaging property, with the applicant identified as the victim. This evidence satisfied the requirements of regulation 1.23(5) that the violence occurred during the relationship.