Singh (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant claimed that his relationship with his 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 had met the criteria for the visa, specifically focusing on his claim of family violence.

The central legal issue before the Tribunal was whether the applicant had established a valid claim of family violence as defined by the Migration Regulations 1994. The Tribunal noted that even if the applicant had been in a genuine spousal relationship prior to its breakdown, he needed to satisfy one of three alternative criteria for visa grant. The applicant's case rested solely on the criterion relating to family violence. The Tribunal had to ascertain if the applicant's claim of family violence met the requirements of the Regulations, particularly concerning the evidence required for a non-judicially determined claim.

The Tribunal reasoned that under regulation 1.23 of the Migration Regulations, a non-judicially determined claim of family violence requires specific evidence. While the applicant had provided a statutory declaration, he had failed to provide the two additional forms of evidence specified by the Minister under Schedule 1 (IMMI 12/116). Consequently, the Tribunal concluded that a valid non-judicially determined family violence claim had not been made by the applicant. The Tribunal also noted that a certificate presented by the applicant was invalid as it was unsigned.

For these reasons, the Tribunal affirmed the decision under review, finding that the applicant did not satisfy the criteria for the grant of the visa.