Vo (Migration)

This matter concerned an appeal by an applicant for a Partner (Temporary) (Class UK) visa, subclass 820, against a decision of the Tribunal. The applicant, a Vietnamese national, claimed that her relationship with the sponsoring partner had ceased and that she had been a victim of family violence perpetrated by the sponsoring partner during their relationship. The Tribunal was required to consider the evidence presented, including statutory declarations and statements detailing the relationship and an alleged incident of violence.

The primary legal issues before the Tribunal were whether the applicant's relationship with the sponsoring partner had ceased and whether the applicant had suffered family violence committed by the sponsoring partner. The Tribunal also had to consider the implications of a non-disclosure certificate on the Department's file, which related to an allegation that the parties' relationship was contrived, and the applicant's response to being informed of this allegation.

The Tribunal reasoned that the applicant had provided sufficient evidence to establish that she had suffered family violence committed by the sponsoring partner during their relationship, and that the relationship had ceased. The Tribunal applied the provisions of the Migration Regulations 1994, specifically concerning non-judicially determined claims of family violence, to assess the evidence presented. Having found that the applicant met certain criteria related to the cessation of the relationship and the experience of family violence, the Tribunal determined that the matter should be remitted for reconsideration.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration, directing that the applicant met the criteria under cl 820.211(2) and cl 820.221(3) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.