Cana (Migration)

The Administrative Appeals Tribunal considered a Partner (Temporary) (Class UK) visa application made by the applicant. The applicant's relationship with her sponsoring partner had ceased, and she sought to rely on an exception to the sponsorship requirement, specifically claiming family violence. The Tribunal was tasked with determining whether the applicant met the criteria for the visa, particularly in light of the breakdown of her relationship and her claim of family violence.

The central legal issue before the Tribunal was whether the applicant could continue to be considered for the grant of the visa despite the cessation of her relationship with the sponsor. This required the Tribunal to assess whether the applicant satisfied any of the prescribed exceptions to the sponsorship requirement, namely the death of the sponsor, the occurrence of family violence, or specific circumstances involving children. The Tribunal also had to consider the evidential requirements for such claims as stipulated by ministerial instruments.

The Tribunal found that the applicant did not satisfy the criteria for the visa. While the applicant claimed family violence and provided a statutory declaration, a psychologist's report, a declaration from an acquaintance, and Messenger communications, the Tribunal determined that these did not meet the minimum evidential requirements. Specifically, the Tribunal noted that ministerial instrument IMMI 12/116 required a minimum of two items of evidence, with no more than one of each type. The Tribunal concluded that the evidence provided by the applicant did not satisfy this requirement, meaning there was no valid claim for family violence to consider. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.