Attia (Migration)

The Administrative Appeals Tribunal considered an application by Attia for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The applicant's relationship with her partner had ceased, and she sought to rely on a claim of family violence to satisfy the visa criteria. The Tribunal was required to determine whether the applicant had met the requirements for the visa, particularly in relation to the evidence presented for the family violence claim.

The central legal issue before the Tribunal was whether the applicant had established a "non-judicially determined claim of family violence" in accordance with the Migration Regulations 1994. Specifically, the Tribunal had to assess if the evidence provided by the applicant met the legislative requirements for such a claim, which included the forms and contents of statements from the applicant and any practitioners involved, and whether the alleged violence occurred during the relevant relationship period.

The Tribunal reasoned that for a non-judicially determined claim of family violence to be accepted, the applicant must satisfy prescribed criteria that they, or another person, have suffered family violence. Regulation 1.23(9) outlines the circumstances for such a claim, requiring the alleged victim to present evidence in accordance with regulation 1.24 that they have suffered relevant family violence and that the alleged perpetrator committed it. The Tribunal found that the evidence presented by the applicant did not meet these specific evidentiary requirements as stipulated in the Regulations. Consequently, the Tribunal affirmed the decision under review.