2115731 (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The applicant claimed the relationship with the sponsor had ceased and that they were a victim of family violence. The Tribunal was required to determine whether the applicant and sponsor were in a genuine partner relationship and whether the applicant met the family violence evidentiary requirements.

The Tribunal considered the evidence, including the applicant's claim of family violence from the commencement of the relationship and the fact that the sponsor was incarcerated for drug-related offences for a significant period. The Tribunal noted that the sponsor had consistently recorded her marital status as "single" with Centrelink and had not notified them of her marriage to the applicant. Crucially, the Tribunal was not satisfied that the applicant and sponsor had resided together in a partner relationship, nor that they were in a genuine partner relationship at the time the alleged family violence occurred.

The Tribunal applied the principles of the Migration Regulations 1994, particularly concerning the assessment of a spousal relationship and the criteria for family violence. As the applicant failed to satisfy the essential criterion of being in a genuine partner relationship with the sponsor, the Tribunal affirmed the decision not to grant the visa. The Tribunal affirmed the decision not to grant the applicant a Partner (Residence) (Class BS) visa.