Thaworn (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review by Ms Supaporn Thaworn (the applicant) of a decision made by a delegate of the Minister to refuse to grant her a Partner (Residence) (Class BS) visa. The applicant, a citizen of Thailand, had applied for the visa based on her relationship with her sponsoring spouse. However, she later advised the department that the relationship had ceased due to alleged family violence.

The primary legal issue before the Tribunal was whether the applicant had established that she had suffered family violence, as required by the relevant visa criteria. This involved determining whether a genuine spousal relationship existed at the time the alleged violence occurred and whether sufficient evidence had been provided to substantiate the claims of family violence, particularly in the context of a non-judicially determined claim. The Tribunal also considered the admissibility and weight of evidence provided by individuals who were not applicants in the review.

The Tribunal reasoned that for a non-judicially determined claim of family violence to be established, the applicant must present evidence demonstrating that she suffered relevant family violence and that the alleged perpetrator committed that violence. Crucially, the Tribunal noted that the applicant had failed to provide the requested evidence to substantiate her claims of family violence, despite multiple requests from the department and an invitation from the Tribunal to provide further information. While the Tribunal considered statutory declarations from individuals with no standing in the matter, it found that the applicant herself had not provided sufficient evidence to satisfy the requirements for a genuine spousal relationship at the time of the alleged violence, nor had she provided the necessary documentation to support her claims of family violence.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa. The applicant did not meet the essential criteria for the grant of the Partner (Residence) (Class BS) visa, specifically cl.801.221(6)(b) and (c), as her claim of family violence had not been established to the Tribunal's satisfaction.