1818444 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought by an applicant who claimed her relationship with the visa sponsor had ceased and that she was a victim of family violence. The Tribunal was required to determine whether the applicant met the criteria under cl.820.221(3)(a) and (b) of Schedule 2 to the Migration Regulations 1994.

The primary legal issues before the Tribunal were whether the applicant and the sponsor had been in a de facto partner relationship that had since ceased, and crucially, whether the applicant had suffered family violence committed by the sponsor, as defined by the Regulations. The Tribunal considered the definition of "relevant family violence" and the circumstances under which a person is taken to have suffered or committed family violence, particularly in the context of a non-judicially determined claim. This involved assessing the evidence presented by the applicant, including statutory declarations, photographs, and communications with a university counsellor and a psychologist.

The Tribunal found that the applicant and the sponsor had been in a de facto partner relationship which had ceased. In relation to the family violence claim, the Tribunal considered the evidence provided by the applicant, which included statutory declarations from herself, her psychologist, and her social worker, as well as photographs of bruising and an email from a university counsellor. The Tribunal concluded that the applicant had provided sufficient evidence to establish a non-judicially determined claim of family violence, satisfying the requirements of the Regulations.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under cl.820.221(3) of Schedule 2 to the Regulations.