1803538 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought to establish that she was the spouse of the sponsor, an Australian citizen, at the time of her application on 8 February 2016. The primary dispute revolved around whether the applicant and sponsor were in a genuine and continuing married relationship at that time, and whether the applicant had subsequently suffered family violence committed by the sponsor.

The court was required to determine whether the applicant met the criteria for a Subclass 820 visa, specifically whether she was the spouse of the sponsor at the time of application, and whether she had suffered family violence as defined by the Migration Regulations 1994. The court also needed to consider evidence of events subsequent to the visa application, as such evidence could logically demonstrate the existence or non-existence of facts relevant to the issues to be determined at the time of application.

The Tribunal found that the applicant met the time of application requirements under cl 820.211(1) and (2) of Schedule 2 to the Regulations, being satisfied that the applicant and sponsor were in a partner relationship at the time of application. Furthermore, the Tribunal considered the evidence presented regarding family violence, including police reports, witness statements, medical records, and court-issued Intervention Orders naming the sponsor as the respondent. The Tribunal concluded that the applicant had suffered family violence committed by the sponsor, which occurred during the relationship.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration. The direction was that the applicant met the criteria for a Subclass 820 visa, specifically cl 820.211(1) and cl 820.221(3) of Schedule 2 to the Regulations.