MA (Migration)

The Administrative Appeals Tribunal (the Tribunal) affirmed a delegate's decision to refuse a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant sought review of this refusal. The core of the dispute concerned the applicant's eligibility for the visa following the cessation of her relationship with her sponsor and the withdrawal of his sponsorship, in circumstances where the applicant alleged domestic violence.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the visa, particularly in light of the relationship breakdown and the sponsor's withdrawal of support. This involved assessing whether the applicant had provided sufficient evidence to establish a genuine relationship and, crucially, whether she had adequately addressed the requirements for demonstrating a claim of domestic violence in the absence of a statutory declaration from the applicant and with potentially insufficient supporting documentation. The Tribunal also considered the applicant's response, or lack thereof, to an invitation to provide further documentation after the hearing.

In its reasoning, the Tribunal noted that the applicant had not provided a statutory declaration detailing the alleged domestic violence, which is a key requirement for establishing eligibility in such circumstances. While two supporting documents were submitted, the Tribunal found they may not have met the necessary evidentiary standards. Furthermore, the applicant failed to provide any further documentation in response to the Tribunal's post-hearing invitation. Consequently, the Tribunal concluded that the applicant had not discharged her evidentiary burden to satisfy the visa criteria, particularly concerning the domestic violence exception to the usual relationship requirements. The Tribunal therefore affirmed the delegate's decision to refuse the visa.