2111853 (Migration)

This matter concerned an appeal by an applicant for a Partner (Residence) (Class BS) visa, subclass 801, against a decision to affirm the refusal of her visa. The applicant claimed that her relationship with the sponsor had ceased due to family violence. The case was heard by Deputy President Justin Owen of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had been in a genuine partner relationship with the sponsor, whether that relationship had ceased, and whether the applicant had suffered family violence committed by the sponsor. The Tribunal was required to determine if a partner relationship had ever existed, as this was a prerequisite for considering the family violence exception to the visa requirements.

The Tribunal noted significant contradictions in the applicant's evidence regarding the commencement and cessation dates of her relationship with the sponsor. While the applicant claimed the relationship ended in October 2018 due to family violence, she had previously stated to a differently constituted Tribunal in April 2018 that the relationship ended in November 2016. Correspondence from a hospital in September 2017 also indicated the relationship had ended. The Tribunal acknowledged the applicant's explanation that her psychological state and treatment at the time may have affected her previous testimony, and found she had experienced considerable psychological hardship. However, the Tribunal concluded that it could not be satisfied that a genuine de facto partner relationship had ever existed between the applicant and the sponsor, which meant the family violence exception could not arise for determination.

Despite affirming the decision not to grant the visa, the Tribunal considered the applicant's health and psychological state to be compassionate circumstances. Accordingly, the Tribunal referred the applicant's case to the Minister for attention with its firm support for consideration of Ministerial Intervention.