Kabike (Migration)

The Administrative Appeals Tribunal considered the case of Kabike, an applicant for a Partner (Residence) (Class BS) visa, subclass 801. The dispute centred on whether the applicant and her sponsor were in a genuine de facto relationship at the time of application and whether the applicant had experienced family violence.

The Tribunal was required to determine if a genuine de facto relationship existed between the applicant and her sponsor from March 2013 onwards, and if so, whether the applicant suffered relevant family violence before the relationship ended. A further issue was the applicant's explanation for not disclosing family violence earlier and for the delayed submission of documentation related to such claims.

The Tribunal found that the parties lived separately and apart from March 2013 and did not demonstrate a mutual commitment to a shared life from that point, thus concluding they were not in a genuine de facto relationship at the time of application for the subclass 820 visa. Regarding the family violence claim, the Tribunal noted the applicant's explanation that she only recognised her experiences as family violence later, attributing this to her youth, naiveté, and cultural background, and that she sought legal advice before lodging the claim. However, the Tribunal also considered the applicant's prior statements to the Department, made at the time of the subclass 820 visa application, which described a mutually supportive, happy, and loving relationship, despite the parties living apart. The applicant's assertion that the relationship was in a "good space" when the 820 visa was granted, but that the tone changed afterwards, was also taken into account.

Ultimately, the Tribunal affirmed the decision not to grant the applicant the Partner (Residence) (Class BS) visa, finding that the applicant did not satisfy the criteria for its grant.