2003707 (Migration)

The applicant, who had been granted a Partner (Temporary) (Class UK) visa (subclass 820), sought review of the Minister's decision to refuse to grant a Partner (Residence) (Class BS) visa (subclass 801). The refusal was based on the Minister's finding that the applicant's relationship with her sponsor had ceased and that she had not established a claim of family violence. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had established that her relationship with the sponsor was genuine and continuing, or alternatively, whether she had established a claim of family violence.

The Tribunal considered the evidence presented by the applicant, which included statutory declarations from herself and witnesses, as well as statements from specified professionals. This evidence related to allegations of verbal abuse, threats, and an interim intervention order obtained by the applicant against the sponsor. The Tribunal was tasked with assessing whether this evidence sufficiently demonstrated a claim of family violence, which would allow the visa application to be considered on that basis, notwithstanding the cessation of the relationship.

The Tribunal found that the evidence provided by the applicant, particularly concerning the verbal abuse, threats, and the intervention order, raised a serious question as to whether family violence had occurred. It concluded that the applicant had presented sufficient evidence to warrant further consideration of her claim of family violence. Accordingly, the Tribunal remitted the decision to the Minister for reconsideration, with a direction to further assess the applicant's claim of family violence.