1910695 (Migration)

The applicant sought review of a decision concerning their application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The core of the dispute involved whether the applicant met the criteria for the visa despite the cessation of their relationship with the sponsor, due to the applicant being a victim of family violence perpetrated by the sponsor. The matter was heard by Kira Raif, Senior Member.

The legal issues before the Tribunal were whether the applicant had met the requirements of clauses 801.221(6)(b) and (c) of Schedule 2 to the *Migration Regulations 1994* (Cth). These clauses relate to circumstances where a relationship has ceased due to family violence and the applicant has suffered such violence.

The Senior Member found that the applicant's relationship with the sponsor had ceased and that the applicant had suffered family violence committed by the sponsor. The Tribunal accepted the opinion of an independent expert that the applicant had indeed suffered relevant family violence. Based on these findings, the Senior Member concluded that the applicant met the specified criteria.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the applicant meets the requirements of clauses 801.221(6)(b) and (c) of Schedule 2 to the Regulations, with the Minister to consider any remaining criteria for the visa.