Roy (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100. The applicant had experienced family violence perpetrated by the sponsor, and their relationship had subsequently ended.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically in light of the cessation of the relationship and the occurrence of family violence. The central legal issue was the application of clause 100.221(4)(b) and (c) of Schedule 2 to the *Migration Regulations 1994* (Cth).

The Tribunal found that the applicant satisfied the requirements of clauses 100.221(4)(b) and (c) due to the cessation of the relationship with the sponsor and the family violence suffered. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met these specific criteria for the Subclass 100 visa.