Prasad (Migration)

The applicant sought review of a decision by the Tribunal to affirm the refusal of a Partner (Temporary) (Class UK) visa (subclass 820). The applicant contended that their relationship with the visa sponsor had ceased and that they had suffered family violence.

The primary legal issue before the Tribunal was whether the applicant had established that they had suffered family violence committed by the sponsor, as defined by the Migration Regulations. This involved determining whether the applicant's claim of non-judicially determined family violence met the evidentiary thresholds set out in the Regulations.

The Tribunal accepted that the applicant and sponsor had been in a genuine partner relationship that had ceased by April 2017. However, the Tribunal found that the applicant's claim of family violence had not been established. While acknowledging the applicant's report to police regarding the sponsor's family and accepting that the applicant had been subjected to abuse by the sponsor's father, the Tribunal concluded that there was insufficient evidence to satisfy the requirements of the Regulations regarding family violence committed by the sponsor. Specifically, the Tribunal noted the absence of court-tested evidence or an independent expert opinion confirming family violence by the sponsor.

Consequently, as the applicant failed to meet the essential criterion of establishing family violence, the Tribunal affirmed the decision not to grant the visa.