1906182 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820) by a Vietnamese national. The applicant's relationship with the Australian sponsor had ceased, and the sponsorship was withdrawn. The applicant claimed the relationship ended due to family violence perpetrated against him. The delegate had not considered these claims, having determined the relationship was not genuine at the time of application. The case came before the Tribunal for review.

The legal issues before the Tribunal were whether the applicant met the criteria for the visa, particularly in light of the cessation of the spousal relationship and the allegations of family violence. This involved determining the genuineness of the relationship, the nature of the financial and household aspects, and the commitment between the parties. Crucially, the Tribunal had to consider whether the applicant had suffered family violence, and if so, whether that violence occurred during the existence of the spousal relationship, as required by the Migration Regulations 1994. The best interests of the child of the relationship were also a consideration.

The Tribunal found that while there was little evidence of a significant pooling of financial resources or shared household aspects, there was some evidence supporting the applicant's claims. The Tribunal noted that the sponsor owned multiple properties and that the applicant's contributions appeared more akin to a tenant. Regarding family violence, the Tribunal considered the intervention orders applied for by both parties, noting that the sponsor's application against the applicant was struck out. However, the Tribunal also noted a Family Court order granting the applicant access to his child, which it considered to be in the child's best interests. Given the complexities and the need for further consideration of the family violence claims in accordance with the Regulations, the Tribunal remitted the decision.

The Tribunal remitted the decision to grant the applicant a Partner (Temporary) (Class UK) (Subclass 820) visa.