Stafford (Migration)

This matter concerned an appeal by an applicant against a decision of the Tribunal to affirm a previous decision not to grant a Partner (Residence) (Class BS) visa. The applicant claimed that his relationship with the visa sponsor had ceased and that he had been a victim of family violence. The Tribunal was required to consider whether the applicant met the criteria for the visa, particularly in light of the cessation of the relationship and the claims of family violence.

The primary legal issues before the Tribunal were whether the applicant and the sponsor were in a genuine and continuing partner relationship that had ceased, and whether the applicant had suffered family violence within the meaning of the *Migration Regulations 1994*. Specifically, the Tribunal had to determine if the applicant's claims of family violence met the evidentiary requirements set out in the Regulations, which distinguish between judicially determined and non-judicially determined claims of family violence.

The Tribunal reasoned that for a claim of family violence to be considered in the context of a Partner (Residence) visa application where the relationship has ceased, the underlying relationship must have been one that would otherwise have met the legislative criteria for a spousal relationship. The Tribunal found that while the applicant and the sponsor had been in a partner relationship that had ceased, the applicant had not provided sufficient evidence to satisfy the requirements for a non-judicially determined claim of family violence under regulation 1.23. The Tribunal noted that such claims typically require evidence tested before a court, an opinion from an independent expert, or specific undertakings to a court, none of which were present in this case.

Consequently, the Tribunal concluded that the applicant had not established that he had suffered family violence in accordance with the Regulations. As this was an essential criterion for the grant of the visa under clause 801.221, the Tribunal affirmed the decision under review not to grant the applicant the Partner (Residence) (Class BS) visa.