Voivenel (Migration)

This matter concerned an appeal by an applicant for a Partner (Residence) (Class BS) visa, subclass 801, after his relationship with his sponsor had ceased. The applicant claimed to have been a victim of family violence perpetrated by his sponsor. The primary issue before the Tribunal was whether the applicant could satisfy the requirements for the visa grant in the absence of a genuine and continuing relationship with his sponsor, specifically by meeting the criteria for family violence under subclause (6) of clause 801.221.

The Tribunal was required to determine if the applicant had made a valid claim of family violence in accordance with the Migration Regulations. Specifically, the court had to assess whether the evidence provided by the applicant met the evidentiary requirements for a non-judicially determined claim of family violence, as stipulated by Regulation 1.24 and instrument IMMI 12/116. This involved examining whether the submitted documents, including statutory declarations and reports from professionals, satisfied the prescribed form and content requirements, such as identifying the alleged victim and detailing injuries or treatment consistent with claimed family violence.

The Tribunal found that while the applicant had provided a statutory declaration, the accompanying evidence did not meet the legislative requirements for a valid non-judicial claim of family violence. A letter from a "Relationship Therapist" was insufficient as the individual's occupation was not listed in the relevant schedule. Reports from a psychologist and documents from a medical doctor failed to meet the requirements because they were not in the form of a statutory declaration and, in the case of the doctor's documents, did not clearly identify the applicant as an alleged victim or detail injuries consistent with family violence. Consequently, the Tribunal concluded that no valid claim of family violence had been made.

As a result of the failure to establish a valid claim of family violence, and given that the applicant's relationship with his sponsor had ceased and he could not satisfy other criteria for the visa, the Tribunal affirmed the decision not to grant the applicant the Partner (Residence) visa.