2008395 (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The applicant claimed that their relationship with the visa sponsor had ceased and that they had suffered family violence at the hands of the sponsor. The Tribunal was required to determine whether the applicant met the relevant criteria for the visa, particularly in light of the cessation of the relationship and the allegations of family violence.

The primary legal issues before the Tribunal were whether the applicant's relationship with the sponsor had ceased, and whether the applicant had suffered relevant family violence committed by the sponsor, as contemplated by the Migration Regulations 1994. The Tribunal also considered the evidentiary requirements for establishing a non-judicially determined claim of family violence and the impact of the cessation of the spousal relationship on the assessment of these claims. The Tribunal referenced the case of *El Jejieh v MICMSMA* [2020] FCA 1103 regarding the demonstration of holding a Subclass 309 visa.

The Tribunal found that the applicant had provided sufficient evidence to establish that the spousal relationship had ceased and that the applicant had suffered relevant family violence. The Tribunal was satisfied that the applicant resided with the sponsor as her spouse for a period, and that the relationship, though troubled, continued during that time. Crucially, the Tribunal concluded that the applicant met the requirements of cl.100.221(4)(b) and (c) of Schedule 2 to the Regulations, which relate to the cessation of the relationship and the suffering of family violence.

Consequently, the Tribunal remitted the application for a Partner (Migrant) (Class BC) visa for reconsideration. The remittal was made with the direction that the applicant be taken to meet the specified criteria for a Subclass 100 visa, allowing for the assessment of any remaining criteria for the grant of the visa.