Shi (Migration)

The Administrative Appeals Tribunal considered an application by Mr Shi for a Partner (Migrant) (Class BC) visa, subclass 100 (Spouse). The applicant claimed that his relationship with the visa sponsor had ceased and that he had been a victim of family violence. The Tribunal was required to determine whether the applicant had provided sufficient evidence to establish a non-judicially determined claim of family violence, as required by the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant had satisfied the criteria for the grant of the visa, specifically concerning the establishment of family violence. This involved assessing the evidence submitted by the applicant, which included bank statements, SMS messages, invoices and reports from a social worker, referral letters from a GP, and court documents relating to an intervention order application and other legal proceedings. The Tribunal had to consider the evidential requirements for a non-judicially determined claim of family violence under the Regulations.

The Tribunal reasoned that the applicant had not met the requirements for establishing family violence. While the applicant had submitted various documents, including those from a social worker, these did not satisfy the minimum evidential requirements stipulated by the Regulations for a non-judicially determined claim of family violence. The Tribunal noted that the intervention order application made by the applicant against the sponsor was refused. Consequently, the Tribunal concluded that the applicant had not established that he had suffered relevant family violence, and therefore did not meet the essential criteria for the visa.

The Tribunal affirmed the decision of the delegate not to grant the applicant a Partner (Migrant) (Class BC) visa. The applicant failed to meet the requirements of cl 100.221(4)(b) and (c) of the Regulations, and no alternative sub-criteria were met.