Tith (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, subclass 100. The applicant claimed that her relationship with the visa sponsor, Mr Sunheng Sek, had ceased and that she had been a victim of family violence perpetrated by him. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had established the family violence exception under the relevant regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for establishing family violence as defined by the Migration Regulations 1994, specifically under regulation 1.23. This involved assessing whether the evidence provided, including a statutory declaration from the applicant and supporting documents such as a letter from a clinical psychologist and statutory declarations from friends, met the requirements for a non-judicially determined claim of family violence. The Tribunal also considered the requirement that any violence, or part thereof, must have occurred during the relationship.

The Tribunal reasoned that to rely on a non-judicially determined claim of family violence, the applicant needed to provide evidence in accordance with regulation 1.24. This included a statutory declaration from the applicant and specific types of evidence as outlined by the Minister. The Tribunal examined the submitted documents, including a statutory declaration from the applicant, a letter from a clinical psychologist, an invalid statutory declaration from a general practitioner, and statutory declarations from two friends. The Tribunal concluded that the applicant had not provided sufficient evidence to meet the alternative criteria for establishing family violence under the Act and Regulations.

Consequently, the Tribunal affirmed the decision not to grant the applicant's Partner (Migrant) (Class BC) visa, as she had failed to satisfy an essential criterion for the visa.