1910316 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801, by an applicant whose relationship with the visa sponsor had ceased and whose sponsorship had been withdrawn. The applicant also made a non-judicially determined claim of family violence. The decision was made by P. Maishman, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically in relation to the cessation of the relationship and the claim of family violence. This involved considering the evidence presented by the applicant, including statutory declarations from herself and specified professionals, and assessing the validity and relevance of a non-disclosure certificate issued by the Department. The Tribunal also had to interpret the provisions of the Migration Regulations 1994 concerning non-judicially determined claims of family violence.

The Tribunal found that the applicant and the sponsor were in a partner relationship which had subsequently ceased. It also considered the applicant's claim of family violence, noting that the information protected by the non-disclosure certificate was not considered relevant to its decision. The Tribunal was satisfied that the applicant had suffered relevant family violence committed by the sponsor. Applying the principles outlined in the Migration Regulations 1994, particularly in relation to non-judicially determined claims of family violence, the Tribunal concluded that the applicant met the requirements of clauses 801.221(6)(b) and (c) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Residence) (Class BS) visa for reconsideration. The remittal was made with the direction that the applicant meets the specified criteria for a Subclass 801 visa, allowing the Minister to consider the remaining criteria for the visa.