1931969 (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 core dispute revolved around whether the applicant and sponsor were in a genuine spousal relationship prior to its cessation, and whether the applicant had suffered family violence perpetrated by the sponsor. The Tribunal was required to determine if the applicant met the criteria for a genuine and continuing spousal relationship, and if so, to consider the impact of family violence on the application.

The Tribunal was tasked with assessing the genuineness of the relationship, considering its financial, household, and social aspects, as well as the nature of the commitment between the parties, as outlined in Regulation 1.15A of the Migration Regulations 1994. This involved evaluating evidence such as joint bank accounts, shared living arrangements, how the couple presented themselves to others, and the duration and depth of their commitment. Crucially, the Tribunal also had to consider evidence relating to alleged family violence, including police reports and intervention orders, and how this impacted the applicant's ability to meet the visa requirements, particularly in light of the relationship's cessation.

The Tribunal found that the applicant met the criteria under cl 820.211(2) of Schedule 2 to the Regulations, establishing that they were in a genuine spousal relationship. Despite the relationship having ceased and the applicant having suffered family violence perpetrated by the sponsor, the Tribunal determined that the applicant met the requirements of cl 820.221(3). Consequently, the Tribunal remitted the application to the Minister for consideration of the remaining visa criteria.