Chong (Migration)

This matter concerned an appeal by an applicant for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse), against the decision of the delegate to refuse the visa. The applicant claimed that her relationship with the visa sponsor had ceased due to family violence, specifically alleging verbal abuse and social and financial control. The Administrative Appeals Tribunal was required to determine whether the applicant had suffered family violence as defined by the Migration Regulations 1994.

The Tribunal considered the provisions of the Migration Regulations 1994, particularly regulations 1.21 and 1.23, which define "relevant family violence" and the circumstances under which a person is taken to have suffered or committed family violence. The applicant sought to establish family violence on the basis of a non-judicially determined claim, relying on a statutory declaration and supporting statements from professionals. The Tribunal noted that for a non-judicially determined claim to be accepted, the evidence must satisfy specific requirements, including the opinion of an independent expert if the Minister or Tribunal is not satisfied with the initial evidence.

The Tribunal found that while the applicant and sponsor were in a spousal relationship that had ceased, the evidence presented did not establish that the applicant had suffered family violence within the meaning of the Regulations. The Tribunal considered the submitted medical report and the statutory declaration from a psychologist, but concluded that these did not meet the threshold for establishing family violence under the relevant provisions. As the applicant failed to satisfy this essential criterion for the visa, the Tribunal affirmed the delegate's decision.