Ekawaty (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801, by Ms Ekawaty. The applicant's relationship with her sponsor had ceased, and she claimed to be a victim of family violence. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for the visa, specifically concerning the continuation of her relationship with the sponsor or the application of exceptions related to family violence.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 1.24 of the Migration Regulations 1994, which pertains to the evidence required for a non-judicially determined claim of family violence. This involved assessing whether the evidence presented by the applicant adequately demonstrated that she had suffered relevant family violence and that the alleged perpetrator had committed such violence, as defined by regulation 1.23.

The Tribunal found that the evidence provided by the applicant, including letters from support organisations and her own testimony, did not meet the evidentiary standards prescribed by regulation 1.24 for a non-judicially determined claim of family violence under regulation 1.23(9). The Tribunal noted that the applicant had not obtained an injunction or court order, nor had she been convicted of a violence offence, which are alternative pathways to establishing family violence under the Regulations. Consequently, the Tribunal concluded that the applicant had not established that she had suffered family violence and therefore did not meet the essential criteria for the grant of the visa. The Tribunal affirmed the decision under review.