Rettke (Migration)

The applicant, Ms Rettke, sought review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of her Subclass 801 Partner (Residence) visa. The primary issue was whether Ms Rettke could still be considered for the visa after her relationship with her sponsoring partner had ceased. Ms Rettke had indicated that the relationship ended in January 2017 and that her sponsoring partner had withdrawn sponsorship.

The AAT was required to determine if Ms Rettke met any of the exceptions to the general requirement that she remain sponsored by her partner at the time of the visa decision. Specifically, the AAT considered whether Ms Rettke could satisfy the criteria under clause 801.221 of the Regulations, which outlines circumstances where an applicant may continue to be considered for a permanent visa even if the relationship with the sponsor has ended. These exceptions include the death of the sponsor, family violence, or certain court orders concerning children.

The AAT found that Ms Rettke did not satisfy the primary criterion of remaining sponsored by her partner, as sponsorship had been withdrawn. While Ms Rettke claimed family violence had occurred, the AAT noted that the relevant ministerial instrument (IMMI 12/116) required specific evidential support for such claims. The evidence provided by Ms Rettke, including a statutory declaration from her psychologist and correspondence from her psychotherapist and acquaintances, did not meet the prescribed evidential requirements for a family violence claim under the instrument. The AAT concluded that, without meeting the specific evidential requirements for an exception, Ms Rettke did not satisfy the criteria for the grant of the visa.

Consequently, the AAT affirmed the decision not to grant Ms Rettke the Subclass 801 Partner (Residence) visa.