Dalipovski (Migration)

The Administrative Appeals Tribunal (Cth) considered the case of Mr Dalipovski concerning his Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The central dispute revolved around whether Mr Dalipovski's relationship with his sponsor had genuinely ceased due to family violence, a critical factor for the visa application under the relevant family violence provisions.

The Tribunal was required to determine whether the evidence provided by Mr Dalipovski was sufficient to establish that his relationship had genuinely ceased prior to the alleged family violence. This involved assessing the nature and quality of the evidence presented to support his claim of a genuine relationship that subsequently ended due to family violence, and whether this evidence met the threshold for a non-judicial claim.

The Tribunal reasoned that while the legislation allows for claims of relationship cessation due to family violence, the applicant must still demonstrate the genuineness of the relationship prior to that event. It applied the principles that the onus is on the applicant to satisfy the Tribunal of the criteria for the visa, and that the evidence must be cogent and persuasive. Finding that the evidence presented was not sufficiently robust to establish the genuineness of the relationship prior to the claimed family violence, the Tribunal remitted the decision for reconsideration.