MAGABLEH (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Magableh, an applicant for a Partner (Residence) (Class BS) visa (Subclass 801). The dispute centred on whether the applicant's relationship with the visa sponsor, Ms Rabiaa Al Sayegh, had ceased and whether the applicant had been a victim of family violence perpetrated by the sponsor.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 801 visa, specifically concerning the genuineness and continuation of the spousal relationship at the time of the decision, and whether the relationship had ended due to family violence. The Tribunal also had to consider the evidence presented, including statutory declarations from health professionals and the opinion of an independent expert, in assessing the family violence claims.

The Tribunal found that the relationship between Mr Magableh and Ms Al Sayegh had ceased and that the applicant had suffered relevant family violence committed by the sponsor. Applying the principles outlined in clauses 801.221(6)(b) and (c) of Schedule 2 to the Migration Regulations 1994, the Tribunal concluded that the applicant met these specific criteria. The Tribunal acknowledged the history of the relationship, including periods of separation due to custody proceedings in Lebanon and financial support provided by the applicant.

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