Meira De Souza (Migration)

This matter concerned an appeal by Ms Suellem Ritila Meira De Souza against a decision relating to her Partner (Residence) (Class BS) visa, specifically a Subclass 801 (Spouse) visa. The applicant claimed that her relationship with the visa sponsor, Mr John Guilherme Dutra Melo Houston, had ceased due to her being a victim of family violence. The Administrative Appeals Tribunal (AAT) considered the evidence presented by the applicant, which included statutory declarations from herself and friends, psychological reports from registered psychologists, a report from a mental health social worker, and documentation from a support advocacy service.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 801 visa, particularly in circumstances where the relationship had ended due to family violence. This involved determining if a genuine spousal relationship existed prior to the cessation of the relationship and if the applicant had suffered relevant family violence, as defined by the Migration Regulations 1994. The Tribunal also had to consider the weight and sufficiency of the evidence presented to establish these claims, especially given that the relationship had ended.

The Tribunal reasoned that while proving a genuine relationship after its cessation due to family violence is challenging, the extensive evidence provided by the applicant, including detailed statutory declarations and expert reports, was sufficient to satisfy it that a genuine spousal relationship had existed. The Tribunal accepted the applicant's claim of being a victim of family violence and that the relationship had ceased as a result. Applying the principles outlined in the Migration Regulations 1994, particularly concerning non-judicially determined claims of family violence, the Tribunal found that the applicant met the criteria under cl 801.221(6)(b) and (c) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Residence) (Class BS) visa for reconsideration by the Minister. The direction was that the applicant had met the specified criteria, and the Minister was to consider the remaining criteria for the visa.