Kapoor (Migration)

The Administrative Appeals Tribunal considered an application for review by an applicant seeking a Partner (Migrant) (Class BC) visa, subclass 100. The applicant claimed to be the spouse of the sponsor, that the relationship had ceased, and that she had been a victim of family violence. The Tribunal had before it the Department's file, the applicant's application for review, and additional evidence submitted by the applicant, including photographs, financial records, a tenancy agreement, flight cancellation details, medical confirmations, a Legal Aid New South Wales Domestic Violence Unit letter, a psychological assessment, and numerous statutory declarations from supporting witnesses.

The primary legal issues before the Tribunal were whether the parties were in a genuine spousal relationship, whether the relationship had ceased, and crucially, whether the applicant had established that she was a victim of family violence. The applicant sought to rely on evidence to support her claim of family violence, including her own statutory declaration and a report from a psychologist, Mr. CJ Singh. The Tribunal was required to determine if the evidence presented met the statutory requirements for establishing a non-judicially determined claim of family violence under the Migration Regulations 1994.

The Tribunal found that while the applicant's statutory declaration met the formal requirements of regulation 1.25(2) by alleging physical assault and threats by the sponsor, the evidence from the psychologist, Mr. CJ Singh, did not satisfy the evidentiary requirements. Mr. Singh indicated he would not provide a report in the form of a statutory declaration without further approvals, and the Tribunal noted it was not under a duty to obtain information on behalf of the applicant. The Tribunal concluded that the claim of family violence had not been established to the required standard.

Consequently, as the applicant did not meet the essential criteria for the visa, specifically cl.100.221(4)(b) and (c) relating to family violence, the Tribunal affirmed the decision not to grant the visa.