Nainoka (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant, who claimed to have been subjected to family violence by the sponsoring partner, sought review of a decision concerning her visa application. The Tribunal was required to consider the circumstances of the relationship between the parties, including financial, household, social, and commitment aspects, as outlined in regulation 1.15A of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 820 Partner visa, particularly in light of her claim of experiencing family violence. The Tribunal was tasked with assessing all relevant circumstances of the relationship to determine eligibility.

The Tribunal found that the applicant had indeed suffered family violence committed by the sponsoring partner during their relationship, supported by an independent expert opinion. Consequently, the Tribunal remitted the application for the visa to the Minister with a direction that the applicant met the criteria specified in clauses 820.211(2) and 820.221 of Schedule 2 to the Regulations.