1923311 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant sought to have the decision reviewed on the basis that their relationship with the sponsor had ceased due to family violence.

The Tribunal was required to determine whether the applicant had suffered family violence committed by the sponsor, within the meaning of the *Migration Regulations 1994*. This involved assessing whether the evidence presented satisfied the requirements for a non-judicially determined claim of family violence, as defined by the Regulations, and whether any such violence occurred during the relationship.

The Tribunal found that a genuine partner relationship had existed between the applicant and the sponsor, and that this relationship had ceased. Crucially, the Tribunal was satisfied that the applicant had suffered relevant family violence committed by the sponsor, based on the evidence provided, which included statutory declarations meeting the requirements of the Regulations for a non-judicially determined claim. The Tribunal concluded that the applicant met the criteria under cl.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 by the Minister, with the direction that the applicant had satisfied the specified criteria for a Subclass 801 visa.