To (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking review of a decision not to grant a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The applicant's claim was that the relationship with her sponsor had ceased and that she had been a victim of family violence. The Tribunal affirmed the original decision to refuse the visa.

The central legal issue before the Tribunal was whether the applicant had established that she had suffered family violence, as defined by the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant's claim of family violence, made on a non-judicially determined basis, met the requirements of the Regulations, including the need for evidence to be assessed by an independent expert or for the Minister (or Tribunal) to be satisfied of the violence.

The Tribunal reasoned that for a non-judicially determined claim of family violence to be accepted, the applicant must provide evidence in accordance with regulation 1.24, which includes a statutory declaration. The Tribunal noted that the applicant was seeking to rely on such evidence. However, the provided text indicates that the Tribunal was not satisfied that the applicant had established the claim of family violence, and it was not stated that an independent expert's opinion had been obtained or that the Tribunal was satisfied of the violence. Consequently, the Tribunal affirmed the decision under review.