1901559 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by a Vietnamese national. The applicant claimed that her relationship with her Australian citizen sponsor had ceased due to family violence. The Tribunal was required to determine whether a genuine spousal relationship existed at the time of the visa application and whether the applicant had suffered relevant family violence.

The Tribunal's reasoning focused on assessing the evidence presented regarding the genuineness of the relationship and the claims of family violence. It considered documentary evidence, including statutory declarations from the applicant, a psychologist, a social worker, and friends, as well as oral evidence provided by the applicant at the hearing. The Tribunal found that while the parties had met, commenced dating, married, and engaged in some joint financial and social activities, the applicant's circumstances, including her health and the sponsor's imprisonment, had placed stress on the relationship. Crucially, the Tribunal concluded that the relationship had ceased and that the applicant had suffered relevant family violence committed by the sponsor.

Based on these findings, the Tribunal determined that the applicant met the requirements of cl 820.221(3) of the Migration Regulations 1994. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant had satisfied the criteria relating to family violence.