Ramaram (Migration)

This matter concerned an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The applicant claimed that their relationship with the visa sponsor had ceased and that they had been a victim of family violence. The decision under review was made by the Migration Tribunal.

The primary legal issue before the Tribunal was whether the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. This involved determining whether the evidence presented met the regulatory requirements for establishing family violence, particularly in circumstances where the relationship had ceased. The Tribunal also considered the applicant's claim that the relationship was genuine during the time they were together.

The Tribunal reasoned that under regulation 1.23 of the Migration Regulations, a person is taken to have suffered family violence if a court has granted an injunction against the alleged perpetrator under section 114(1) of the Family Law Act 1975. The Tribunal found that a final intervention order had been made by the Melbourne Magistrates’ Court on 22 October 2018 against the sponsor, which constituted an injunction granted on the application of the applicant. The Tribunal was satisfied that this violence occurred while the parties were in the relationship. Consequently, the Tribunal concluded that the applicant met the requirements of clauses 801.221(6)(b) and (c) of Schedule 2 to the Regulations, as the relationship had ceased and the applicant had suffered relevant family violence.

The Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the specified criteria for the Subclass 801 visa.