Palacios Acosta (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, Palacios Acosta. The dispute arose because the applicant claimed the relationship with the sponsor had ceased and that the applicant had suffered family violence committed by the sponsor.

The Tribunal was required to determine whether a spousal or de facto partnership existed at the time of the visa application, despite the relationship having ended. It also needed to consider whether the applicant had suffered family violence committed by the sponsor, as this was a crucial element for the applicant to meet certain visa criteria.

The Tribunal found that the parties were validly married. While acknowledging a joint bank account and some sharing of household expenses, the Tribunal afforded limited weight to the financial aspects of the relationship due to a lack of significant pooling of resources or joint assets and liabilities. However, the Tribunal accepted that the applicant had suffered family violence committed by the sponsor, a finding supported by an independent expert opinion. Based on these findings, the Tribunal concluded that the applicant met the requirements of cl 820.221(3) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant met the criteria under cl 820.221(3) of Schedule 2 to the Regulations.