Li (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse), by the applicant. The dispute arose because the relationship between the applicant and the sponsor had ceased. The decision was made by Anne Grant, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant and sponsor were in a genuine and continuing de facto relationship, and whether the applicant was a victim of family violence. The Tribunal was required to consider all the circumstances of the relationship, including financial, household, social aspects, and the nature of the commitment to each other, as outlined in regulation 1.09A of the Migration Regulations 1994.

The Tribunal reasoned that while the relationship had ceased, it had existed genuinely and continued for many years. Evidence presented, including joint leases, financial transactions, joint ownership of property, and witness statements, supported the existence of a de facto relationship. The Tribunal also acknowledged that violence had occurred within the relationship, and that the applicant was a victim of family violence. Applying the principles of regulation 1.09A, the Tribunal found that the applicant met certain criteria for the visa.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria specified in clauses 801.221(6)(b) and 801.221(6)(c) of Schedule 2 to the Regulations.