1934706 (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the refusal of a Partner (Residence) (Class BS) visa. The applicant claimed that their relationship with the sponsor had ceased and that they had been a victim of family violence. The Tribunal was required to determine whether the applicant had established a case of family violence as defined by the Migration Regulations 1994.

The central legal issue was whether the applicant had provided sufficient evidence to satisfy the criteria for a non-judicially determined claim of family violence under the Migration Regulations. Specifically, the Tribunal had to assess the evidence presented, including statutory declarations and other documentation, against the requirements of regulation 1.23, which outlines the circumstances under which family violence is taken to have been suffered or committed. This included considering whether the alleged violence occurred during the relationship and whether the evidence met the threshold for satisfaction by the Minister or the Tribunal, or the opinion of an independent expert.

The Tribunal found that while the applicant and sponsor had been in a de facto relationship which had since ceased, the claim of family violence was not sufficiently established. The Tribunal noted that the alleged injuries were minor and could have occurred accidentally, eyewitness accounts were inconsistent, and independent experts found no evidence of relevant violence. The Tribunal applied regulation 1.23, which requires evidence of family violence, and concluded that the applicant had not met the necessary evidentiary standard for a non-judicially determined claim. Consequently, the Tribunal affirmed the decision not to grant the visa.