JEPKIRUI (Migration)

This matter concerned an appeal by an applicant, a citizen of Kenya, against the refusal of her Partner (Temporary) (Class UK) visa (Subclass 820). The applicant claimed that her relationship with the sponsor had ceased due to domestic violence perpetrated by the sponsor. The Tribunal was required to determine whether the applicant had been in a genuine, ongoing, and exclusive spousal relationship with the sponsor at the time of the alleged family violence.

The Tribunal considered the evidence presented, including the quick inception and development of the relationship, the lack of joint savings, assets, or shared expenses, and the applicant's inconsistent explanations regarding her study and work arrangements. The Tribunal also noted the sponsor's criminal record and the existence of an interim police order naming the applicant as the protected person and the sponsor as the bound person. Despite the applicant's claims of family violence, the Tribunal found the evidence regarding the financial and social aspects of the relationship, as well as the nature of their household and commitment to each other, to be sparse.

The Tribunal applied the requirements of the Migration Regulations 1994, specifically clauses 820.211 and 820.221, which necessitate a genuine, ongoing, and exclusive spousal relationship. The Tribunal found that the evidence did not sufficiently demonstrate a mutual commitment to a shared life to the exclusion of all others, which is a key indicator of a genuine spousal relationship. Consequently, the Tribunal concluded that the claim of family violence had not been established to the required standard.

The Tribunal affirmed the decision under review, finding that the applicant did not meet the essential criteria for the grant of the visa. The applicant failed to satisfy the requirements of cl.820.221(3) or cl.820.211(2) as the claim of family violence was not established, and no alternative sub-criteria were met.