Puri (Migration)

The Administrative Appeals Tribunal considered a Partner (Residence) (Class BS) visa application made by an applicant who claimed to have suffered family violence from their sponsor. The matter had previously been remitted by the Federal Circuit Court of Australia due to the Tribunal's failure to comply with section 360(1) of the Migration Act 1958 (Cth) by not inviting the applicant to a further hearing after receiving an independent expert's report.

The Tribunal was required to determine whether the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. This involved assessing whether the applicant's claim, based on non-judicially determined evidence including a statutory declaration and an independent expert's opinion, met the criteria outlined in regulation 1.23 of the Regulations, and whether the alleged violence occurred during the relationship.

The Tribunal found that a genuine partner relationship had existed and had since ceased. Crucially, it was satisfied that the applicant had suffered relevant family violence committed by the sponsor, meeting the requirements of clauses 801.221(6)(b) and (c) of Schedule 2 to the Regulations. The Tribunal noted that the independent expert's opinion, based on evidence of verbal abuse, threats, and economic abuse, was to be taken as correct under the Regulations.

Consequently, the Tribunal remitted the application for a Partner (Residence) (Class BS) visa, Subclass 801, to the Minister for reconsideration, with a direction that the applicant met the specified criteria relating to family violence.