Nugrohowati (Migration)

This matter concerned an application by Ms. Nugrohowati for a Partner (Temporary) (Class UK) visa, Subclass 820. The dispute arose from the refusal of her visa application, which was based on the delegate's dissatisfaction that Ms. Nugrohowati was the de facto spouse of the sponsor, Dr. Edwards. Ms. Nugrohowati contended that she had suffered family violence committed by Dr. Edwards, which, if established, could allow for the visa to be granted even if the relationship had ceased. The case was heard by Kate Millar, Senior Member.

The legal issues before the Tribunal were whether Ms. Nugrohowati was in a de facto relationship with Dr. Edwards at the relevant times, and if so, whether she had suffered family violence committed by him. The Tribunal was required to consider the definition of a de facto relationship under section 5CB of the Migration Act 1958 and the factors outlined in regulation 1.09A of the Migration Regulations 1994, including financial aspects, social aspects, the nature of the household, and the commitment to each other. Furthermore, the Tribunal had to determine if the alleged family violence met the definition of "relevant family violence" as defined in the Regulations and if it occurred during the de facto relationship.

The Tribunal reasoned that to satisfy the primary criteria for the visa, Ms. Nugrohowati needed to be the spouse or de facto partner of the sponsor, unless the relationship had ceased and specific circumstances, such as suffering family violence committed by the sponsor, existed. The Tribunal found that Ms. Nugrohowati had presented evidence indicating she had suffered relevant family violence committed by Dr. Edwards, and that this violence occurred while the de facto relationship existed. Consequently, the Tribunal concluded that Ms. Nugrohowati met the requirements of clauses 820.211(2) and 820.221(3) of Schedule 2 to the Regulations.

Given these findings, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration. The remittal was made with the direction that Ms. Nugrohowati had met the specified criteria, and the Minister was to consider the remaining criteria for the visa.