2307542 (Migration)

This matter concerned a review of a decision regarding Partner (Temporary) (Class UK) visas, subclass 820. The review applicant claimed that her relationship with the visa sponsor had ceased and that she had experienced family violence. The secondary visa applicants were the primary review applicant's child. The Tribunal was required to determine whether the relationship between the review applicant and the sponsor was genuine and continuing at the time of the application, and whether the applicant had met the evidentiary requirements for a claim of family violence.

The Tribunal considered extensive evidence, including statutory declarations from the applicant's family and friends, the applicant's own statutory declaration, statements from the secondary applicant and a friend, medical records, court extracts, and photographs. It was satisfied that the parties were married and had resided together, and that a personal relationship had developed between them. The Tribunal accepted that while the relationship was developing, the applicant had a sexual encounter with her previous husband, which resulted in her second child's conception. The Tribunal also accepted that the applicant had informed both her previous husband and the sponsor of this situation, and that the sponsor had accepted her explanation, with their relationship continuing and the sponsor agreeing to raise the child as his own.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that the first named applicant meets the criteria for a subclass 820 visa under cl.820.221(3) of Schedule 2 to the Regulations, and that the second and third named applicants meet the criteria under cl.820.311 of Schedule 2 to the Regulations. The Tribunal found that the applicant had suffered family violence committed by the sponsor whilst the parties were in the relationship, and that a medical report met the specifications for evidentiary requirements for a non-judicially determined claim of family violence.