Gale (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant contended that her de facto relationship with the visa sponsor had ceased and that she had been a victim of family violence perpetrated by the sponsor. The Administrative Appeals Tribunal was required to determine whether the applicant had suffered family violence within the meaning of the Migration Regulations 1994.

The Tribunal was tasked with determining whether the applicant had established a claim of family violence under regulation 1.23 of the Migration Regulations 1994. This regulation outlines the criteria for establishing family violence, distinguishing between court-tested evidence and non-judicially determined claims. The applicant sought to rely on the latter, which requires specific evidentiary support, including a statutory declaration and evidence specified by the Minister. The Tribunal also considered the definition of relevant family violence and the requirement that the violence, or part of it, must have occurred during the relationship.

The Tribunal found that the applicant and the sponsor were in a de facto relationship which had ceased. However, the Tribunal noted that the applicant was seeking to establish family violence on the basis of a non-judicially determined claim. The Tribunal examined the evidentiary requirements for such a claim under regulation 1.24, which necessitates a statutory declaration under regulation 1.25 and specific documentary evidence. The Tribunal concluded that the matter should be remitted for reconsideration, with a direction that the applicant met certain criteria for the Subclass 801 visa, specifically relating to the cessation of the relationship and the claim of family violence.