Singh (Migration)

The applicant, Mr. Singh, sought review of a decision by the Migration Review Tribunal (MRT) to affirm the refusal of his application for a Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The Federal Circuit Court had previously remitted the matter for reconsideration. The central dispute concerned Mr. Singh's claim that his relationship had ceased due to family violence, which he argued should exempt him from certain visa requirements.

The MRT was required to determine whether Mr. Singh had established a claim of family violence, notwithstanding an independent expert's opinion that no relevant family violence had occurred. The applicant relied on declarations and statements from himself and specified practitioners to support his claim, alleging deficiencies in the assessment process and a denial of procedural fairness by the Tribunal. The ultimate legal issue was whether, in light of these circumstances, Mr. Singh met the criteria for the grant of the visa under clause 801.221(6)(b) and (c) of the relevant regulations.

The Tribunal concluded that the claim of family violence had not been established to its satisfaction. It found that the applicant did not meet the requirements of clauses 801.221(6)(b) and (c) and that there was no evidence before it that he met any alternative sub-criteria for the visa. As an essential criterion for the visa was not met, the Tribunal affirmed the decision not to grant the visa.