Mohsin (Migration)

The applicant, Mohsin, sought review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of his Partner (Migrant) (Class BC) visa, subclass 100. The Federal Circuit Court had remitted the matter to the MRT. The central issue was whether the applicant's relationship had ceased due to family violence, which would have allowed for the grant of the visa even if other criteria were not met.

The MRT was required to determine whether the applicant had established that his relationship with his spouse had ceased due to family violence, as defined by the relevant legislative provisions. This involved assessing the evidence presented by the applicant, including declarations from himself and a psychologist, and a report from a General Practitioner, which alleged financial and physical abuse. The MRT also considered a protection order issued against the applicant to his spouse and the opinion of an independent expert.

In its reasoning, the MRT concluded that the applicant had not established a claim of family violence. Despite the applicant's evidence and the existence of a protection order, the MRT found that the evidence did not substantively demonstrate family violence. The MRT noted that the applicant had not provided a substantive response to an invitation to comment on the evidence, including the independent expert's opinion. Consequently, the MRT found that the applicant did not meet the requirements of cl.100.221(4)(b) and (c) of the Migration Regulations 1994, nor any alternative sub-criteria.

The MRT affirmed the decision not to grant the applicant a Partner (Migrant) (Class BC) visa.