Haynes (Migration)

This matter concerned an appeal by an applicant for a Partner (Residence) (Class BS) visa, subclass 801, before the Tribunal. The applicant contended that his relationship with his visa sponsor had ceased and that he had been a victim of family violence perpetrated by the sponsor. The Tribunal was satisfied that the applicant and sponsor had been in a partner relationship and that this relationship had ended. The central issue for determination was whether the applicant had suffered family violence as defined by the relevant Regulations.

The Tribunal was required to consider the evidentiary requirements for establishing family violence, particularly in the context of a non-judicially determined claim. Regulation 1.23 outlines the conditions under which a person is taken to have suffered family violence, including situations where there is court-tested evidence or where the visa application includes a non-judicially determined claim supported by either the Minister's satisfaction or an independent expert's opinion. The applicant sought to rely on the latter, specifically a non-judicially determined claim under Regulation 1.24, which necessitates a statutory declaration under Regulation 1.25 and specific documentary evidence as outlined by the Minister.

The Tribunal found that the applicant had provided a comprehensive statutory declaration from himself, as well as supporting declarations and correspondence from a clinical social worker and a registered psychologist. These documents were found to be in the specified form and included the required details. However, the Tribunal did not make a final determination on the family violence claim itself. Instead, it concluded that the matter should be remitted for reconsideration by the Minister. The Tribunal directed that the applicant met certain criteria for the subclass 801 visa, specifically cl.801.221(6)(b) and (c)(i)(A) of Schedule 2 to the Regulations, indicating that further assessment of the remaining criteria was required.