1904646 (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The applicant claimed that her relationship with the visa sponsor had ceased and that she had been a victim of family violence. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant met the criteria for the visa, specifically concerning the cessation of the relationship and the occurrence of family violence.

The primary legal issues before the Tribunal were whether the applicant's relationship with the sponsor had genuinely ceased and whether the applicant had suffered family violence committed by the sponsor within the meaning of the Migration Regulations 1994. The Tribunal considered the provisions of the Regulations relating to non-judicially determined claims of family violence, including the types of evidence required, such as statutory declarations and expert opinions, and the requirement that the violence must have occurred during the relationship.

The Tribunal found that the applicant and sponsor had been in a genuine and continuing partner relationship at some point, and that this relationship had ceased, thereby satisfying criterion cl.100.221(4)(b). The Tribunal then focused on the issue of family violence, noting that the applicant was relying on a non-judicially determined claim. The Tribunal was satisfied that the applicant had suffered relevant family violence committed by the sponsor, which met the requirements of cl.100.221(4)(c). Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant met the specified criteria.