Pace (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa by an applicant whose relationship with her sponsor had ceased. The applicant sought to have the decision to refuse her visa affirmed on the basis that she had suffered family violence committed by the sponsor. The core dispute revolved around whether the parties had been in a genuine de facto relationship prior to its cessation and whether the applicant met the criteria for the visa under the family violence provisions.

The Tribunal was required to determine whether the applicant and her sponsor were in a genuine de facto relationship, and if so, whether the applicant continued to meet the requirements of subclause 820.211(2)(a) of the Migration Regulations 1994, notwithstanding the cessation of the relationship due to family violence. This involved assessing the evidence presented regarding the financial, household, social, and commitment aspects of their relationship, as outlined in regulation 1.09A of the Migration Regulations 1994.

The Tribunal affirmed the decision not to grant the visa. It considered the evidence, which included a relationship certificate, statutory declarations, travel documents, joint bank statements, and communications. While some evidence indicated a de facto relationship existed, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa. The specific reasons for this conclusion, particularly in relation to the family violence provisions, were not detailed in the provided extract beyond the ultimate finding.