2115309 (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The applicant claimed that her relationship with the visa sponsor had ceased and that she had been a victim of family violence. The Tribunal had before it the Department's file, documents provided by the applicant, and a certificate issued under s 376 of the Migration Act 1958.

The primary legal issue before the Tribunal was whether the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. This involved considering the requirements for a non-judicially determined claim of family violence under regulation 1.23, which requires either satisfaction by the Minister (or Tribunal) that the alleged victim has suffered relevant family violence, or the opinion of an independent expert being taken as correct.

The Tribunal found that the applicant and sponsor were in a partner relationship which had ceased. It also found that the applicant had suffered relevant family violence committed by the sponsor. The Tribunal applied regulation 1.23, noting that for a non-judicially determined claim of family violence, evidence must be presented that the alleged victim has suffered relevant family violence and that the alleged perpetrator committed it. The Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first applicant met the criteria under cl 100.221(4)(b) and (c) of Schedule 2 to the Regulations.