Bilbie (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse), by an applicant whose relationship with the sponsoring partner had ceased. The applicant claimed to be a victim of family violence perpetrated by the sponsor. The decision under review was made by the Department, and the applicant sought review before the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for the grant of a Subclass 801 visa, specifically considering the provisions for circumstances where the relationship has ceased and the applicant has suffered family violence. This involved assessing whether the applicant had made a "valid claim" for family violence under the Migration Regulations 1994 and had provided the necessary supporting evidence as stipulated by the regulations and relevant ministerial instruments.

The Tribunal noted that the primary criteria for a Subclass 801 visa require the applicant to be in a de facto relationship with the sponsoring partner at the time of the decision. As this was no longer the case, the applicant could only satisfy the criteria if they met one of the alternative subclauses, including subclause (6) which pertains to family violence. While the applicant had provided a statutory declaration regarding family violence, the Tribunal found that there was no evidence of judicially determined family violence, nor had the applicant provided the specific types and number of evidentiary items required by the Minister's instrument to establish a valid claim under the family violence provisions.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 801 visa, finding that the applicant did not satisfy the relevant criteria.