Bhasin (Migration)

The Administrative Appeals Tribunal (AAT) considered a Partner (Residence) (Class BS) visa application, subclass 801 (Spouse), made by an applicant who claimed to have experienced family violence. The dispute arose because the independent expert engaged by the Tribunal opined that the alleged family violence had not occurred, and the Tribunal was required by regulation to treat this opinion as correct.

The primary legal issue before the Tribunal was whether the applicant had established a claim of family violence for the purposes of the visa application, given the independent expert's contrary opinion. This involved determining whether the expert's assessment was properly made and whether the Tribunal was bound by its findings under the relevant migration regulations. The Tribunal also considered whether the applicant met any alternative criteria for the grant of the visa in the absence of a substantiated family violence claim.

The Tribunal reasoned that regulation 1.23(10)(c) mandated that it take as correct the opinion of an independent expert regarding whether family violence had occurred. The Tribunal found that the independent expert, a forensic psychologist, had properly considered all the evidence, including the applicant's statutory declaration and supporting documents, both individually and cumulatively. Consequently, the Tribunal was bound by the expert's opinion that the applicant had not suffered relevant family violence. As the applicant did not meet this essential criterion, and no alternative criteria for the visa grant were satisfied, the Tribunal affirmed the decision not to grant the visa.