Manaloto (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant claimed that her de facto relationship with the sponsor had ceased due to family violence committed by the sponsor. The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically in relation to the cessation of the relationship and the occurrence of family violence.

The primary legal issues before the Tribunal were whether the applicant was the de facto partner of the sponsor at the time of application and whether the relationship had ceased due to family violence committed by the sponsor. The Tribunal considered the evidence presented by the applicant, including statutory declarations from third parties, to assess the genuineness of the de facto relationship and the alleged family violence.

The Tribunal found that the applicant had provided sufficient evidence to establish a de facto relationship with the sponsor, including evidence of shared finances, household responsibilities, social activities, and recognition by friends and family. Crucially, the Tribunal accepted that the applicant had suffered relevant family violence committed by the sponsor, and that this violence occurred while the de facto relationship existed.

Given these findings, the Tribunal remitted the application to the Minister for reconsideration. The direction was that the applicant met the criteria under cl. 820.221(3) of Schedule 2 to the Regulations, allowing for further assessment of the remaining visa requirements.