El Jejieh (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100, before the Administrative Appeals Tribunal. The applicant had experienced family violence perpetrated by the sponsor, and their relationship had subsequently ended. The Tribunal was required to determine whether the applicant met the criteria for the visa in light of these circumstances.

The central legal issue was whether the applicant satisfied the requirements of cl.100.221(4)(b) and (c) of Schedule 2 to the Migration Regulations 1994. These provisions are relevant when a relationship has ceased due to family violence. The Tribunal had to consider the evidence presented by the applicant, including an independent expert's opinion, to establish that family violence had indeed occurred during the relationship.

The Tribunal found that the applicant had met the requirements of cl.100.221(4)(b) and (c) because the relationship with the sponsor had ceased and the applicant had suffered family violence committed by the sponsor. The evidence presented, including the independent expert's opinion, supported the finding that violence had occurred during the relationship. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met these specific criteria for a Subclass 100 visa.