Harris (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse), made by an applicant who was no longer in a spousal relationship with the sponsor. The applicant claimed to be a victim of family violence perpetrated by the sponsor.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically in circumstances where the spousal relationship had ended due to family violence. This involved assessing whether the incidents of family violence occurred during the relationship and whether the applicant's circumstances satisfied the relevant legislative provisions.

The Tribunal found that the family violence incidents occurred during the relationship and that the applicant had suffered family violence committed by the sponsor. Based on these findings, the Tribunal concluded that the applicant met the requirements of clauses 801.221(6)(b) and (c) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met these specific criteria.