1810989 (Migration)

The Administrative Appeals Tribunal considered a Partner (Residence) (Class BS) visa application, Subclass 801 (Spouse), where the applicant claimed family violence after the cessation of their relationship with the sponsor. The dispute centred on whether the applicant had met the criteria for the visa in light of the relationship breakdown and the alleged family violence.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the requirements of clauses 801.221(6)(b) and (c) of Schedule 2 to the *Migration Regulations 1994* (Cth). These clauses relate to circumstances where the relationship has ceased but the applicant has experienced family violence committed by the sponsor.

The Tribunal found that the applicant had indeed met the specified criteria. This conclusion was based on the evidence presented, including statutory declarations from the applicant and specified professionals, and an opinion from an independent expert, which collectively supported the non-judicially determined claim of family violence. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied clauses 801.221(6)(b) and (c).