KHAZEN (Migration)

This matter concerned an appeal by an applicant against a decision to refuse her Partner (Migrant) (Class BC) visa. The applicant claimed that her relationship with the visa sponsor had ceased and that she had been a victim of family violence. The Tribunal was required to consider the evidence presented by the applicant regarding the breakdown of her relationship and the alleged family violence, and to determine whether these claims met the requirements for granting the visa in the absence of a continuing spousal relationship.

The central legal issue before the Tribunal was whether the applicant had established a claim of family violence that would permit the grant of the visa, notwithstanding the cessation of her relationship with the sponsor. Specifically, the Tribunal had to determine if the evidence provided by the applicant satisfied the criteria for a "non-judicially determined claim of family violence" as defined by the Migration Regulations 1994. This involved assessing whether the alleged violence occurred within the context of the relationship and if it was substantiated by the type of evidence required by the regulations.

The Tribunal found that the applicant's account of the relationship's breakdown and the alleged family violence did not meet the regulatory requirements for a non-judicially determined claim of family violence. While the Tribunal expressed sympathy for the applicant's circumstances and acknowledged her positive contributions to Australia, it concluded that the evidence presented did not satisfy the specific evidentiary thresholds set out in the Migration Regulations for establishing family violence in the absence of a court order or conviction. Consequently, the Tribunal affirmed the original decision to refuse the visa.