Kaur (Migration)

The applicant, Ms Kaur, sought review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of her Partner (Migrant) (Class BC) visa, subclass 100. The central issue concerned whether the applicant's relationship had ceased due to family violence, a ground that could allow for visa grant even if other criteria were not met. The applicant relied on an independent expert (IE) opinion to substantiate her claim of family violence.

The MRT was required to determine whether the applicant had established that her relationship had ceased due to family violence, as required by the relevant legislative provisions, specifically clauses 100.221(4)(b) and (c) of the Migration Regulations 1994. This involved assessing the validity and sufficiency of the independent expert opinion provided by the applicant. The Tribunal also considered whether the applicant met any alternative criteria for the visa grant.

The Tribunal found that the applicant had not established that her relationship had ceased due to family violence. It concluded that the independent expert opinion, which was intended to support the family violence claim, did not meet the necessary evidential requirements. Consequently, the applicant failed to satisfy the essential criteria for the grant of the Partner (Migrant) visa. The Tribunal affirmed the decision not to grant the visa.