Addisu (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801, where the applicant claimed the relationship with the sponsor had ceased and that she had been a victim of family violence. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994.

The Tribunal considered the legal framework for establishing family violence under the Regulations, specifically focusing on non-judicially determined claims. Regulation 1.23 outlines the circumstances under which family violence is taken to have been suffered or committed, including through court injunctions, court orders, convictions, or a non-judicially determined claim supported by evidence in accordance with regulation 1.24. The applicant sought to rely on the latter, presenting several statutory declarations from professionals and herself, detailing a pattern of family violence over three years.

The Tribunal found that the applicant and sponsor were in a partner relationship which had ceased. Crucially, the Tribunal was satisfied that the applicant had presented sufficient evidence, including statutory declarations from a social worker and a psychologist, to establish a non-judicially determined claim of family violence committed by the sponsor, consistent with the requirements of the Regulations. The Tribunal noted that the violence, or part of it, must have occurred during the relationship, a condition it found to be met.

Consequently, the Tribunal remitted the visa applications for reconsideration, directing that the applicant met the criteria under cl.801.221(6)(b) and (c) of Schedule 2 to the Regulations, relating to the cessation of the relationship and the suffering of relevant family violence. The matter was to proceed to the Minister for consideration of any remaining visa criteria.