Durmaz (Migration)

This matter concerned an appeal by Hatice Durmaz against a decision relating to her Partner (Temporary) (Class UK) visa application. The applicant claimed that her relationship with the visa sponsor, Mr Hamdi Bodic, had ceased and that she had been a victim of family violence perpetrated by him. The Tribunal was required to determine whether the applicant had established a genuine and continuing spousal relationship at the time of her application and whether she had suffered family violence.

The Tribunal considered the evidence presented, noting that while the initial evidence of the relationship's genuineness was limited, substantial credible evidence had been submitted at the review stage. This included proof of shared financial arrangements, a shared household, recognition of the relationship by their community, and a mutual commitment to a long-term future. The Tribunal placed significant weight on letters from the Elder of the Melbourne United Alevi Bektasi Community Centre, who attested to the couple attending community events as husband and wife and described their relationship as sincere, faithful, and loving. The Tribunal concluded that the evidence overwhelmingly demonstrated that the parties were in a spousal relationship as defined by s.5F of the Migration Regulations 1994, and that they had not been living permanently apart.

Based on the evidence, the Tribunal was satisfied that the applicant and the sponsor were in a partner relationship and that this relationship had ceased. Crucially, the Tribunal also found that the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations. Consequently, the Tribunal remitted the visa application for reconsideration, directing that the applicant met the criteria under cl.820.221(3) of Schedule 2 to the Regulations.