1902595 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant claimed that their relationship with the visa sponsor had ceased and that they had been a victim of family violence perpetrated by the sponsor. The Administrative Appeals Tribunal was required to determine whether the applicant had established a claim of family violence for the purposes of the visa application.

The central legal issue before the Tribunal was whether the applicant had provided sufficient evidence to satisfy the requirements of the Migration Regulations 1994 concerning claims of family violence, particularly in the context of a non-judicially determined claim. Specifically, the Tribunal had to consider the evidentiary requirements outlined in regulation 1.23 and regulation 1.24, which govern how family violence must be substantiated when no court proceedings or judicial determination has occurred.

The Tribunal reasoned that to establish a non-judicially determined claim of family violence under regulation 1.23(9), the applicant needed to present evidence in accordance with regulation 1.24. This typically involves a statutory declaration from the alleged victim and, where applicable, an opinion from an independent expert. In this case, the applicant had not provided any police reports or evidence of court proceedings. Furthermore, the Tribunal noted the absence of evidence from professionals such as a social worker or psychologist who might have provided counselling or treatment related to the alleged family violence. Without such substantiating evidence, the Tribunal concluded that the applicant had not met the evidentiary threshold required by the Regulations.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, finding that the applicant did not meet the essential criteria for the visa due to the failure to establish a claim of family violence.