1919097 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an Indian citizen against an Australian citizen sponsor. The applicant alleged that the relationship had ceased due to family violence perpetrated by the sponsor, which included emotional, psychological, verbal, and economic abuse. Despite some initial doubts regarding the applicant's credibility and his extensive immigration history, the Tribunal was ultimately satisfied that the documentary evidence supported the claims about the nature of the relationship and the sponsor's conduct prior to its cessation.

The primary legal issue before the Tribunal was to determine whether the applicant met the criteria for the Subclass 820 Partner visa, particularly in light of the cessation of the relationship and the allegations of family violence. This involved assessing the genuineness and continuing nature of the relationship at the time of application, as well as considering the impact of the alleged family violence on the applicant's eligibility. The Tribunal was required to consider all circumstances of the relationship, including financial, household, social, and commitment aspects, as outlined in Regulation 1.15A of the Migration Regulations 1994.

The Tribunal's reasoning acknowledged discrepancies in the applicant's oral evidence, leading to a finding that he was not a credible witness and likely sought to regularise his visa status. However, the Tribunal placed greater weight on independent and contemporaneous evidence, such as reports from the sponsor's doctors and Centrelink correspondence. This documentary evidence cumulatively supported the applicant's claims regarding the relationship's nature and the sponsor's conduct. The Tribunal concluded that the applicant had suffered family violence committed by the sponsor, and that the relationship was genuine and continuing at the time of the application, despite its subsequent cessation.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria specified in clauses 820.211(2)(a) and 820.221(3) of Schedule 2 to the Migration Regulations 1994.