Topcubasi (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant who claimed the relationship with the visa sponsor had ceased and that they had been a victim of family violence. The decision under review was made by the Administrative Appeals Tribunal.

The primary 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, including a non-judicially determined claim of family violence and an independent expert's opinion, satisfied the requirements of the Regulations, particularly concerning the timing of the violence in relation to the existence of the partner relationship.

The Tribunal reasoned that while the applicant and sponsor were in a partner relationship that had ceased, the crucial question was whether the claimed family violence occurred during that relationship. The Tribunal noted that an independent expert had found the applicant had suffered relevant family violence, but this violence was determined to have occurred after the relationship had ended. However, upon further review of updated evidence presented at the hearing, the Tribunal concluded that the applicant did meet the criteria for a Subclass 820 visa, specifically cl.820.221(3), based on the finding that the applicant had suffered relevant family violence committed by the sponsor.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant met the specified criteria for the visa.