1822344 (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse), made by an applicant who claimed their relationship with the visa sponsor had ceased due to family violence. The applicant alleged psychological abuse, threats of divorce, physical violence, and resulting mental health issues, which were not judicially determined. The Tribunal was required to consider whether the applicant had suffered relevant family violence in accordance with the Migration Regulations 1994.

The central legal issue before the Tribunal was to determine if the applicant had suffered family violence, as defined by the Migration Regulations, which would allow them to meet the criteria for the Subclass 100 visa, notwithstanding the cessation of the relationship. This involved assessing the evidence presented by the applicant regarding psychological and physical abuse, threats, and the impact on their mental health, within the framework of non-judicially determined claims of family violence.

The Tribunal reasoned that the applicant's claims, supported by evidence of psychological abuse, threats, and physical violence occurring during the relationship, constituted relevant family violence. The Tribunal noted that the applicant had presented evidence in accordance with regulation 1.24, demonstrating that they had suffered relevant family violence and that the alleged perpetrator had committed it. Given the nature and extent of the abuse described, including the applicant's mental health deterioration and fear for their wellbeing, the Tribunal concluded that the applicant met the criteria for the visa. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be taken to meet specific criteria related to family violence under clauses 100.221(4)(b) and 100.221(4)(c) of Schedule 2 to the Regulations.