Mahdavi (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa (Subclass 820) made by an Iranian national. The applicant's sponsor, an Australian citizen, withdrew his sponsorship after notifying the Department that the relationship had ceased. The applicant then informed the Department that the relationship had ended and that she had been a victim of family violence perpetrated by the sponsor.

The primary legal issue before the Tribunal was whether the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant's claim of family violence, made on a non-judicially determined basis, met the evidential requirements stipulated in the Regulations, including whether the alleged violence occurred during the relationship.

The Tribunal reasoned that the applicant had provided sufficient evidence to establish a non-judicially determined claim of family violence. This evidence included a detailed witness statement, contemporaneous medical reports, reports from two separate psychologists, and letters of support. The Tribunal was satisfied that the applicant and sponsor had been in a partner relationship that had ceased, and that the applicant had suffered relevant family violence committed by the sponsor during that relationship.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under cl.820.221(3) of Schedule 2 to the Regulations. The Minister was to proceed to consider the remaining criteria for the visa.