An (Migration)

This matter concerned an application for review of a delegate's decision to refuse to grant the applicant a Partner (Residence) (Class BS) visa. The applicant had initially applied for the visa based on his relationship with his sponsor. However, during the review process, the applicant conceded that his relationship with the sponsor had ceased and sought to claim he was a victim of family violence perpetrated by the sponsor. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, particularly in light of the cessation of the relationship and the claim of family violence.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to establish a valid claim of family violence, which would allow for an exception to the requirement of continuing sponsorship by the partner. Specifically, the Tribunal had to consider the evidential requirements stipulated by ministerial instrument IMMI 12/116 for such claims, and whether the evidence provided, including a social worker's report and a statutory declaration, met these requirements. The Tribunal also had to consider whether the applicant had adequately responded to invitations to provide further information or attend a hearing.

The Tribunal reasoned that the applicant had failed to satisfy the criteria for the grant of the visa. While the applicant had claimed family violence, the Tribunal found that the evidence provided did not meet the necessary evidential requirements. The Tribunal noted that the applicant had been given opportunities to respond to information and attend a hearing, but ultimately, the provided evidence was insufficient to establish a valid claim of family violence. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.