Sharma (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa, subclass 820. The applicant claimed that his relationship with the visa sponsor had ceased and that he had been a victim of family violence perpetrated by the sponsor. The Tribunal was required to determine whether the applicant met the criteria under cl.820.221(3)(a) and (3)(b)(i) of Schedule 2 to the Migration Regulations 1994 (the Regulations).

The primary legal issues before the Tribunal were whether the applicant had established that he was the spouse of the sponsoring partner prior to the cessation of their relationship, and crucially, whether he had suffered family violence committed by the sponsor within the meaning of the Regulations. The Regulations define family violence and outline the circumstances under which a person is taken to have suffered or committed it, including through judicially determined outcomes or non-judicially determined claims supported by specific evidence.

The Tribunal found that while the applicant and sponsor had been in a partner relationship that had since ceased, the applicant had not met the evidentiary requirements to establish a claim of family violence. Specifically, the Tribunal considered the provisions of r.1.23 of the Regulations, which detail how a non-judicially determined claim of family violence can be made out, requiring either a joint undertaking to a court or evidence in accordance with r.1.24. The applicant sought to rely on a statutory declaration under r.1.25, which the Tribunal found met the formal requirements of that regulation. However, the Tribunal concluded that the applicant had not provided sufficient evidence to satisfy the criteria for a non-judicially determined claim of family violence as required by the Regulations.

As the applicant failed to meet an essential criterion for the visa, the Tribunal affirmed the decision under review. The Tribunal therefore made an order affirming the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.