Saba (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse), made by an applicant who claimed to have suffered family violence from their sponsor. The dispute centred on whether the applicant had met the criteria for the visa, specifically concerning the cessation of the relationship and the occurrence of family violence.

The Tribunal was required to determine whether the applicant had established that they had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. This involved assessing whether the evidence presented, including a statutory declaration, constituted a "non-judicially determined claim of family violence" and whether the alleged violence occurred during the relationship.

The Tribunal found that a genuine relationship had existed between the applicant and the sponsor, and that this relationship had ceased. Crucially, the Tribunal 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. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met these specific criteria for the 801 visa.