2007071 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100, where the applicant alleged family violence by the sponsor. The core of the dispute revolved around whether the applicant's relationship breakdown, coupled with the alleged family violence, satisfied specific criteria for the visa.

The Tribunal was required to determine if the applicant met the requirements of clauses 100.221(4)(b) and (c) of Schedule 2 to the Migration Regulations. These clauses relate to circumstances where a relationship has ceased and the applicant has experienced family violence committed by the sponsor.

The Tribunal found that the relationship between the applicant and the sponsor had indeed ceased. Crucially, it also accepted that the applicant had suffered family violence committed by the sponsor, based on an independent expert's opinion confirming that the violence occurred during the relationship. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the specified criteria under clauses 100.221(4)(b) and (c).