Vo (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant who claimed their relationship with the sponsoring partner had ceased due to family violence. The Tribunal was required to determine whether the applicant had met the criteria for the visa, specifically concerning the cessation of the relationship and the occurrence of family violence.

The central legal issues before the Tribunal were whether the applicant's relationship with the sponsor had ceased and whether the applicant had suffered relevant family violence committed by the sponsor, as defined by the Migration Regulations 1994. The Tribunal had to assess the evidence presented to establish a non-judicially determined claim of family violence, considering the requirements of regulations 1.23 and 1.24, and whether the alleged violence occurred during the relationship.

The Tribunal found that the applicant and sponsor were in a partner relationship which had ceased. It further determined that the applicant had presented sufficient evidence, including statutory declarations from the applicant and independent professionals, to establish a non-judicially determined claim of family violence under regulation 1.23(9). The Tribunal was satisfied that the applicant had suffered relevant family violence committed by the sponsor, and that this violence, or part of it, occurred while the relationship existed, satisfying the requirements of clause 820.221(3) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, directing that the applicant met the criteria under clause 820.221(3) of Schedule 2 to the Regulations. The Minister was to then consider the remaining criteria for the grant of the Subclass 820 visa.