Qu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant born in China in 1992, who first arrived in Australia in 2011 and was subsequently granted a Provisional Partner (subclass 820) visa in 2015 based on a de facto relationship with a sponsor. The applicant acknowledged that the relationship had broken down and the sponsor had withdrawn his sponsorship. The central issue before the Tribunal was whether the applicant had suffered relevant family violence at the hands of the sponsor prior to the relationship's cessation.

The Tribunal was required to determine if the applicant had provided the minimum evidence necessary to establish claims of family violence, as stipulated by relevant instruments, and whether the applicant's explanation for the lack of such evidence was sufficient. The applicant's agent had advised that the applicant had not received proper professional advice regarding the requirements for substantiating a family violence claim, despite being aware of the need to provide at least two specified items of evidence. The applicant herself stated she did not understand the correspondence from the Department and was confused about the process, attributing responsibility to an agent employed by the sponsor.

The Tribunal reasoned that the applicant had failed to provide the minimum required evidence to establish her claim of family violence, despite being given an opportunity to do so. While the applicant initially claimed confusion and lack of advice, and was granted a three-week extension to obtain further evidence, the subsequent submissions provided on 17 July 2018 were still insufficient to satisfy the criteria. Consequently, the Tribunal concluded that the applicant did not meet the requirements for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant a Partner (Residence) (Class BS) visa.