1826678 (MIGRATION)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse), brought by an applicant who claimed her relationship with the sponsor had ceased and that she had been a victim of family violence. The decision was made by SM Justin Owen of the Tribunal.

The central legal issue before the Tribunal was whether the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant's non-judicially determined claim of family violence met the requirements of the Regulations, considering the evidence presented, including statutory declarations and statements from practitioners, and the opinion of an independent expert.

The Tribunal reasoned that the applicant had established that her partner relationship had ceased and that she had suffered relevant family violence. It applied the provisions of the Migration Regulations 1994, particularly Regulation 1.23, which outlines the circumstances under which a person is taken to have suffered family violence, including through a non-judicially determined claim supported by evidence and, if necessary, an independent expert's opinion. The Tribunal found that the distress experienced at the end of the relationship did not negate the applicant's experience of violence.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria specified in clauses 100.221(4)(b) and (c) of Schedule 2 to the Regulations.