2000852 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for the visa, where the primary dispute revolved around the cessation of the relationship with the sponsor and allegations of family violence.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 820 visa, specifically in light of the relationship having ceased and the applicant having suffered family violence perpetrated by the sponsor during the relationship. The Tribunal also needed to consider the appropriate course of action given its findings on these matters.

The Tribunal found that the applicant met the requirements of clause 820.221(3) of Schedule 2 to the Regulations, acknowledging that the relationship had ceased and that the applicant had experienced family violence committed by the sponsor. Based on these findings, the Tribunal determined that the appropriate course was to remit the visa application to the Minister for reconsideration of the remaining criteria for the visa. The Tribunal directed that the applicant met clauses 820.211(2)(a) and 820.221(3) of Schedule 2 to the Regulations.