2308732 (Migration)

This matter concerned an appeal by an applicant for a Partner (Temporary) (Class UK) visa, Subclass 820, before the Tribunal. The primary dispute revolved around whether the applicant and the sponsor, an Australian citizen, were in a valid married relationship at the time the visa application was lodged. The applicant also sought to rely on a claim of family violence.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 820 visa, specifically whether he was the spouse of the sponsor at the time of application, as required by clause 820.211(2)(a) of the Migration Regulations 1994. Additionally, the Tribunal had to consider whether the applicant had suffered family violence committed by the sponsor, as defined by regulation 1.22, which could impact the assessment of the application.

The Tribunal found that the applicant met the time of application requirements under clause 820.211(2), concluding that the parties were in a married relationship valid for the purposes of the Act at the time the visa application was made. The Tribunal also found that the applicant had suffered family violence committed by the sponsor whilst the parties were in the relationship, satisfying the requirements of regulation 1.23. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.