Singappuli Arachchige (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) (Subclass 100) visa by a Sri Lankan male. The applicant's relationship with the sponsor had ceased, and he claimed to have suffered family violence. The primary issue was whether the applicant met the criteria for the visa, specifically concerning the cessation of the relationship and the alleged family violence.

The court was required to determine if the applicant had satisfied the requirements of the Migration Regulations 1994, particularly clause 100.221, which pertains to the applicant being the spouse or de facto partner of the sponsor, unless the relationship has ceased and certain circumstances, such as family violence, exist. The court also needed to consider the definition and evidentiary requirements for a "non-judicially determined claim of family violence" as set out in regulations 1.21 and 1.23.

The Tribunal affirmed the decision not to grant the visa. While acknowledging that the couple had been in a spousal relationship and that it had ceased, the Tribunal found that the applicant had not provided sufficient evidence to satisfy the requirements for a claim of family violence under the Regulations. The applicant's claims of sexualised violence were not substantiated by evidence that met the threshold for a non-judicially determined claim of family violence, which requires either the Minister's satisfaction or the opinion of an independent expert, and that the violence occurred during the relationship. The Tribunal concluded that the applicant did not meet an essential criterion for the visa.