Wang (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by an applicant for a Partner (Temporary) (Class UK) visa. The applicant's sponsor had withdrawn her sponsorship, and the applicant was no longer the spouse or de facto partner of the sponsor. The core of the dispute revolved around whether the applicant had made a valid claim for family violence under the Migration Regulations 1994, which could potentially allow the visa application to proceed despite the cessation of the relationship.

The Tribunal was required to determine whether the applicant had satisfied the criteria for a Partner (Temporary) (Class UK) visa, specifically in relation to making a valid claim of family violence. This involved examining the definition of "non-judicially determined claim of family violence" within the Migration Regulations and assessing whether the applicant's submissions and evidence met these requirements, particularly in the absence of a judicially determined finding of family violence.

Deputy President Justin Owen affirmed the decision not to grant the visa. The Tribunal found that the applicant had not made a valid claim for family violence as defined by the Regulations. The Regulations stipulate specific circumstances under which family violence is recognised, including injunctions, court orders, convictions, or a non-judicially determined claim supported by evidence and, in some cases, an independent expert's opinion. The applicant had not presented evidence of a judicially determined claim of family violence, nor had they met the requirements for a non-judicially determined claim as outlined in subregulations 1.23(8) and (9) of the Migration Regulations 1994. Consequently, the applicant failed to satisfy the criteria for the visa.