Singh (Migration)

This matter concerned an appeal by a Fijian national applicant against the refusal of a Partner (Temporary) (Class UK) visa (subclass 820). The applicant claimed that their relationship with the sponsoring Australian citizen partner had ceased due to family violence perpetrated by the sponsor. The Tribunal was required to determine whether the parties had been in a genuine spouse relationship and whether the applicant had suffered family violence during that relationship.

The Tribunal considered the evidence presented, including statutory declarations and a psychiatrist's report, in relation to the applicant's claims of controlling and coercive behaviour. The Tribunal also had regard to the opinion of an independent expert on the family violence claims. The legal issues revolved around the assessment of the genuineness of the relationship and the establishment of family violence, particularly in the context of a non-judicially determined claim.

The Tribunal applied the principles outlined in the Migration Regulations 1994, specifically Regulation 1.15A, which requires consideration of financial, household, and social aspects of the relationship, as well as the nature of the commitment to each other. In relation to family violence, the Tribunal noted that where a non-judicially determined claim is made and the Minister is not satisfied, the opinion of an independent expert must be taken as correct. The Tribunal found that the evidence did not establish the applicant's claims of family violence, nor did it demonstrate a genuine spouse relationship that met the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa, as the applicant failed to meet the essential criteria for the visa, including the requirement to establish family violence.