Calin (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The applicant claimed that her relationship with the visa sponsor had ceased due to family violence committed by the sponsor. The Tribunal was required to determine whether the applicant had suffered family violence as defined by the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the evidence presented by the applicant met the requirements of the Migration Regulations 1994 for establishing family violence in the context of a non-judicially determined claim. Specifically, the Tribunal had to assess if the applicant had provided sufficient evidence, in accordance with regulation 1.24, to satisfy the criteria for a non-judicially determined claim of family violence under regulation 1.23.

The Tribunal reasoned that to establish family violence under a non-judicially determined claim, the applicant needed to provide evidence in accordance with regulation 1.24, which includes a statutory declaration under regulation 1.25 and evidence specified by the Minister in IMMI 12/116. The Tribunal found that the applicant had not presented evidence that complied with these evidentiary requirements. Consequently, the Tribunal was not satisfied that the applicant had suffered family violence as defined by the Regulations. As this was an essential criterion for the grant of the visa, the Tribunal affirmed the decision not to grant the visa.