Al Moubayed (Migration)

This matter concerned an appeal by an applicant for a Partner (Temporary) (Class UK) visa (Subclass 820) to the Administrative Appeals Tribunal. The applicant claimed that their relationship with the visa sponsor had ceased and that they had been a victim of family violence perpetrated by the sponsor. The Tribunal was required to determine whether the applicant had suffered family violence within the meaning of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to assess whether the applicant had established a claim of family violence under the relevant regulations, specifically in the context of a non-judicially determined claim. This involved examining the evidence presented, including statutory declarations from the applicant and two professionals, against the requirements of regulation 1.23 and regulation 1.24 of the Migration Regulations 1994. The Tribunal had to consider whether the presented evidence met the criteria for a non-judicially determined claim of family violence, which could involve either a joint undertaking to a court or the provision of specific evidence as outlined in regulation 1.24.

The Tribunal's reasoning focused on the specific requirements for substantiating a non-judicially determined claim of family violence. It noted that while the applicant and sponsor attended the hearing, there was no assertion of a resumed spousal relationship. The Tribunal was satisfied that the partner relationship had ceased. However, the crucial element was the establishment of family violence. The Tribunal found that the applicant was seeking to rely on a non-judicially determined claim of family violence, which required evidence in accordance with regulation 1.24. The evidence presented included statutory declarations from the applicant, a psychologist, and a social worker. The Tribunal concluded that the claim of family violence had not been established according to the regulatory framework.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not meet the essential criteria for the grant of the visa, specifically clause 820.221(3), due to the failure to establish the claim of family violence. No alternative sub-criteria were met.