2115252 (Migration)

The applicant sought review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of their Partner (Temporary) (Class UK) visa, subclass 820. The primary dispute concerned whether the applicant had established that their relationship had ceased due to family violence, a ground that can allow for visa grant even if other criteria are not met.

The AAT was required to determine whether the applicant had provided sufficient evidence to satisfy the Tribunal that their relationship had ceased due to family violence, as contemplated by subclause 820.221(3) of the Migration Regulations 1994. This involved assessing the quality and sufficiency of the evidence presented, including a statutory declaration and other specified documents, to support the claim of family violence.

The Senior Member of the AAT found that the evidence before the Tribunal was insufficient to establish that the applicant had experienced family violence. Without this crucial element being proven, the applicant could not satisfy the requirements of subclause 820.221(3). As the applicant failed to meet this essential criterion for the visa, and no alternative sub-criteria were met, the Tribunal was compelled to affirm the original decision to refuse the visa. The Tribunal therefore affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.