2005165 (Migration)

The Administrative Appeals Tribunal considered a Partner (Temporary) (Class UK) visa application involving a primary applicant and secondary applicants. The dispute arose when the primary applicant claimed her relationship with the sponsor had ceased due to family violence. The Tribunal was tasked with determining whether the primary applicant had been a victim of family violence and whether the relationship was genuine prior to its breakdown.

The Tribunal was required to assess the credibility and weight of evidence presented by various witnesses, including the primary applicant's children, a neighbour, and a friend. This evidence was crucial in establishing the nature and genuineness of the relationship between the primary applicant and the sponsor, as well as substantiating the claims of family violence. The Tribunal also had to consider the impact of the relationship breakdown on the secondary applicants, particularly their established lives in Australia.

The Tribunal found that the evidence provided by the secondary applicants, the neighbour, and the friend was credible and supported the assertion that the relationship between the primary applicant and the sponsor was genuine and ongoing prior to its cessation. Specifically, the Tribunal accepted the testimony regarding the couple's daily life, shared activities, and mutual support. The Tribunal also placed weight on the evidence of family violence, particularly the account of an incident witnessed by one of the secondary applicants. Based on these findings, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the applications for Partner (Temporary) (Class UK) visas for reconsideration. It directed that the primary applicant met specific criteria for an 820 visa, namely cl 820.211(2) and cl 820.221(3) of Schedule 2 to the Regulations. Consequently, the Tribunal found that the secondary applicants satisfied cl 820.321 for the visa grant.