Slechtova (Migration)

This matter concerned an appeal by an applicant for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse), who claimed that her relationship with the visa sponsor had ceased and that she had been a victim of family violence. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant's relationship with the sponsor constituted a de facto partnership within the meaning of the Act, whether that relationship had ceased, and crucially, whether the applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. The Tribunal was required to consider the evidence presented, including a statutory declaration from the applicant and corroborating statements, in light of the regulatory framework for establishing family violence, particularly in cases of non-judicially determined claims.

The Tribunal found that the applicant and sponsor had cohabited in a genuine de facto relationship from at least mid-2016 to late 2019, and that this relationship had ceased. The Tribunal accepted the applicant's account of events, which was supported by corroborating statements and contrasted with a letter from the sponsor. Critically, the Tribunal was satisfied that the applicant had suffered family violence committed by the sponsor, meeting the criteria for a non-judicially determined claim of family violence under the Regulations.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria specified in cl.801.221(6)(b) and (c) of Schedule 2 to the Regulations.