Stephen (Migration)

The Administrative Appeals Tribunal considered an application by the Applicant for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The Applicant had initially applied for the visa based on her de facto relationship with Mr Romeos Allende, an Australian citizen, and was granted a Subclass 820 visa. The relationship subsequently broke down, with both parties advising the Department of Immigration of the separation. The Applicant contended that the breakdown was due to family violence perpetrated by Mr Allende during their relationship.

The central legal issue before the Tribunal was whether the Applicant had suffered family violence committed by the sponsor, as defined by the Migration Regulations 1994. Specifically, the Tribunal had to determine if the evidence presented by the Applicant met the requirements of regulation 1.24, which governs non-judicially determined claims of family violence, and if such violence occurred during the de facto relationship as required by regulation 1.23.

The Tribunal found that the Applicant and Mr Allende were in a genuine de facto relationship. It then considered the Applicant's claim of family violence, noting that this was a non-judicially determined claim. The Tribunal was satisfied that the Applicant had presented evidence in accordance with regulation 1.24, including a statutory declaration, and that the alleged family violence occurred during the de facto relationship. Consequently, the Tribunal concluded that the Applicant met the requirements of clauses 801.221(6)(b) and (c) of Schedule 2 to the Regulations.

The Tribunal remitted the application for a Partner (Residence) (Class BS) visa for reconsideration by the Minister, with the direction that the Applicant had satisfied the criteria specified in clauses 801.221(6)(b) and (c).