NUGROHOWATI (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms. Nugrohowati for a Partner (Temporary) (Class UK) visa (Subclass 820). The dispute arose after the cessation of her de facto relationship with her sponsor and the withdrawal of his sponsorship. Ms. Nugrohowati claimed family violence, alleging verbal and psychological abuse, and provided statutory declarations from herself and relevant professionals, along with an independent expert's opinion, to support her claim.

The primary legal issue before the Tribunal was whether Ms. Nugrohowati had established that family violence had occurred, as defined by the relevant migration regulations. This required the Tribunal to assess the nature of the alleged abuse, considering the evidence presented, including the sponsor's adverse communications and the expert's opinion, in light of the statutory definition of family violence. The Tribunal also had to consider whether procedural fairness had been afforded to Ms. Nugrohowati, particularly in relation to the use of video-conferencing and potential cultural differences impacting the assessment.

The Tribunal found that the independent expert's opinion, which concluded that the alleged conduct constituted arguments and anxiety about the termination of the partnership rather than family violence, was properly made and persuasive. The Tribunal reasoned that while the relationship had indeed ended and the sponsor had withdrawn his support, the evidence did not meet the threshold for family violence as defined by the legislation. The Tribunal affirmed the decision under review.